Civil Law and Procedure

1. Civil Law and Procedure Chapter 5

2. CRIMINAL LAW CIVIL LAW TORTS Damages From Chapter 1 Chapter 1 Wrongs against individuals Police do not take action Seek remedy for wrongs done Wrongs against society Gov’t investigates/ prosecutes Conviction results in fines/ imprisonment/ execution

3. Elements of Criminal Acts From Chapter 4

4. Elements of a Tort

5. What’s 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. Chapter 4

6. 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. Chapter 4

7. State Island ferry crash of October 22, 2003 The captain of that ferry who had allegedly fled the scene and attempted suicide, ultimately pled guilty to the manslaughter charges brought against him. Chapter 5

8. Duty – Question of LAW for the court • Not to injure another person • Body, reputation, privacy • Not to interfere with another’s property • Arson, trespassing, car accidents • Not to interfere with another’s economic rights • Contracts, loss of wages, false advertising

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…….

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. • Intentional Tort • Negligence • Strict Liability Chapter 5

11. Classify the following situation You were glancing down at your cell phone to dial a number and hit another vehicle. • Intentional Tort • Negligence • Strict Liability Chapter 5

12. Classify the following situation You purposely scratched your ex’s car with a key. • Intentional Tort • Negligence • Strict Liability Chapter 5

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

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?

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 neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was on fire, and it burned to the ground. Did Mason commit a tort? Chapter 4

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 From Chapter 4

17. Responsibility for Another’s Torts • All person’s 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.

18. Should your parents be liable for your actions and have to pay damages if you cause harm to another person (hitting them) or another’s 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 child’s delinquent acts. (1999) 3. Service Costs – rehab, family counseling, electronic monitoring 4. Procedural costs 5. Community Service from parents whose children violate curfew Chapter 5

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.