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Chapter 5 Civil Law and Procedure Slide 2 CIVIL LAW Wrongs against individuals Police do not take action Seek remedy for wrongs done Wrongs against society Govt investigates/ prosecutes Conviction results in fines/ imprisonment/ execution Slide 2 Chapter 1 CRIMINAL LAW Slide 3 Elements of Criminal Acts Duty To do or not do a certain action Breach Failure to do duty is the criminal act Intent Usually, but not always required to be proven Slide 4 Elements of a Tort Duty To do or not do a certain action Breach Failure to show proper care Injury Must be proved Causation The breach caused the injury Slide 5 Whats your verdict? Jerone failed to tell the Coast Guard about his high blood pressure and prescription drug use when he applied for his license as a ferry pilot for the city. 3 years later, while operating the ferry, Jerone passed out at the controls. 18 commuters died and dozens more were injured. At the time Jerone was also taking 2 pain medications for back pain. BOTH medications listed drowsiness as a possible side effect. Slide 5 Chapter 4 Slide 6 Slide 6 Chapter 4 2 crimes, 18 counts of the crime of manslaughter and the crime of failing to disclose his drug use and blood pressure status in applying for the position. A tort by his negligent conduct in piloting the ferry. Slide 7 State Island ferry crash of October 22, 2003 Slide 7 Chapter 5 The captain of that ferry who had allegedly fled the scene and attempted suicide, ultimately pled guilty to the manslaughter charges brought against him. Slide 8 Duty Question of LAW for the court Not to injure another person Body, reputation, privacy Not to interfere with anothers property Arson, trespassing, car accidents Not to interfere with anothers economic rights Contracts, loss of wages, false advertising Slide 9 Violation of Duty (Breach) Question of FACT for the jury/judge Must be proven to collect damages Intentional Tort Actual intent to cause harm Negligence Carelessness, no intent Strict Liability no intent or carelessness needed More later. Slide 10 Classify the following situation After clearing the danger area of known personnel, sounding warnings, and igniting the charge in the early morning, you set off a dynamite explosion to break up rocks for a road bed. Regardless of your precautions a dislodged rock hits a hiker, injuring her. A. Intentional Tort B. Negligence C. Strict Liability Slide 10 Chapter 5 Slide 11 Classify the following situation You were glancing down at your cell phone to dial a number and hit another vehicle. A. Intentional Tort B. Negligence C. Strict Liability Slide 11 Chapter 5 Slide 12 Classify the following situation You purposely scratched your exs car with a key. A. Intentional Tort B. Negligence C. Strict Liability Slide 12 Chapter 5 Slide 13 Injury Damage (bodily, property, financial) must occur Car Accident: No intent needed, but costs incurred Bodily: emergency room, broken leg, rehabilitation Property: towing, rental, repair Financial: loss of wages If you act recklessly, but no one is injured, there is usually no tort No damage = No Tort Slide 14 Causation The breach caused the injury Proximate Cause reasonably foreseeable that breach would result in injury REASONABLE PERSON TEST! Would a reasonable person have predicted the result of the action? Slide 15 On a windy autumn day, Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next door neighbors fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbors house was on fire, and it burned to the ground. Slide 15 Chapter 4 Did Mason commit a tort? Slide 16 Criminal Intent (cont.) Know the difference between right and wrong Ages 0 to 7 Incapable of forming criminal intent Lack moral sense/understanding of action Laws vary state to state after that Ages 7-14 Presumed incapable of committing crime Can be disproved by showing child understood nature of act Illinois can be tried as adult as early as 10 Insane: did not know right from wrong Slide 17 Responsibility for Anothers Torts All persons are personally responsible for their own torts Insane Children Differences in development and experience makes a subjective test more accurate. Factors considered in this analysis include: Age Intelligence Experience When a minor engages in adult activity (driving a car), the child is held to the same standard as an adult. Slide 18 Should your parents be liable for your actions and have to pay damages if you cause harm to another person (hitting them) or anothers property (keying their car)? Parental Responsibility Laws. 1. Restitution (money) $$$$$ 2. Institutional Costs In Illinois, parents or guardians must pay room and detention board associated with their childs delinquent acts. (1999) 3. Service Costs rehab, family counseling, electronic monitoring 4. Procedural costs 5. Community Service from parents whose children violate curfew Slide 18 Chapter 5 Slide 19 Slide 20 Sec. 1. This Act shall be known and may be cited as the Parental Responsibility Law. Sec. 2. As used in this Act, the terms specified have the meanings ascribed to them: (1) "Legal guardian" means a person appointed guardian, or given custody, of a minor by a circuit court of the State, but does not include a person appointed guardian, or given custody, of a minor under the Juvenile Court Act or the Juvenile Court Act of 1987. (2) "Minor" means a person who is above the age of 11 years, but not yet 19 years of age. Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21-1.3 of the Criminal Code of 1961. Reasonable attorney's fees may be awarded to any plaintiff in any action under this Act. If the plaintiff is a governmental unit, reasonable attorney's fees may be awarded up to $15,000. The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date. Slide 21