How to tell the difference between a crime and a tort (p. 80)

1
What Youll Learn

• How to tell the difference between a crime and a
  tort (p. 80)
• How to explain the nature of tort law (p. 80)
• How various torts can be committed (p.81)
• How to define various intentional torts (pp.
  81-86)

2
Why Its Important
Learning the difference between a tort and a
crime will help you understand how the justice
system protects people from injury.
3
Section Outline
The Difference Between Criminal Law and Tort
Law Intentional Torts
Assault and Battery Trespass Nuisance False
Imprisonment Defamation Invasion of Privacy
4
Pre-Learning Question
What is the difference between criminal law and
tort law?
5
The Difference Between Criminal Law Tort Law

• A crime is an act against not only a specific
  individual, but the general welfare, as well.
• A tort is a private wrong committed by one person
  against another.

6
The Difference Between Criminal Law and Tort Law
A tort will lead the wronged party to try and
recover money as compensation for the loss or
injury suffered. A tort does not, however, call
upon the government to punish the wrongdoer.
7
The Concept of Rights

• The law of torts is grounded in the concept of
  rights.
• Under tort law all people are entitled to certain
  rights.

These include the right to

• Be free from bodily harm.
• Enjoy a good reputation
• Conduct business without unwarranted interference.

8
The Concept of Rights

• The law imposes a duty on all of us to respect
  the rights of others.
• Tort law governs this interplay between rights
  and duties.

9
Pre-Learning Question
What is an intentional tort?
10
Intentional Torts

• Torts can be committed either intentionally or
  unintentionally.
• An intentional tort occurs when a person knows
  and desires the consequences of his or her act.

11
Assault and Battery

• The tort of assault occurs when one person
  deliberately leads a person to believe they are
  about to be harmed.
• The tort of battery involves the unlawful,
  unprivileged touching of another person.

12
Assault and Battery
The tort of assault is different from the crime
of assault.

• The victim of a tort assault must know that the
  tortfeasor meant to commit harm.
• A tortfeasor is the person who committed the
  tort.

13
Trespass
A trespass is the wrongful damage to or
interference with the property of another.
Nuisance
The tort of nuisance is anything that interferes
with the enjoyment of life or property.
14
Invasion of Privacy
Invasion of privacy is interfering with a
persons right to be left alone, which includes
the right to be free from unwanted publicity and
interference with private matters.
15
False Imprisonment
Law enforcement officers must have probable cause
or a warrant to arrest someone, or they can be
sued for false imprisonment, or false arrest.
16
Defamation

• Defamation is the wrongful act of injuring
  anothers reputation by making false statements.
• Libel is a false statement in written form.
• Slander is a false statement made orally to a
  third party.

17
Raymond slapped his wife Charlotte while they
were arguing about child support. Which tort did
Raymond commitassault or battery?
18
Which definition best describes tortfeasor?

1. A person charged with the crime of assault.
2. A person charged with committing a tort.
3. The attorney who represents a person accused of
   committing a tort.

19
ANSWER
Battery
(b) A person charged with committing a tort.
20
Section 4.1 Assessment
Reviewing What You Learned

1. What is the difference between a crime and a tort?

1. What concept is at the heart of tort law?

21
Section 4.1 Assessment
Reviewing What You Learned

1. How can a tort be committed?

1. What are the most common intentional torts?

22
Section 4.1 Assessment
Reviewing What You Learned
Answer
1) A crime is an offense against the public at
large. A tort is a private wrong committed by
one individual against another.
2) The law of torts is grounded in the concept of
rights.
23
Section 4.1 Assessment
Reviewing What You Learned
Answer
3) A tort can be committed intentionally or
unintentionally.
4) Assault, battery, trespass, nuisance, false
imprisonment, defamation, and invasion of privacy.
24
Section 4.1 Assessment
Critical Thinking Activity Tort Law
If criminal law is responsible for dealing with
individuals who commit wrongful acts, what
purpose does tort law serve? Why do you need to
understand the different intentional torts?
25
Section 4.1 Assessment
Critical Thinking Activity Answer Tort Law
Tort law compensates victims, and in order to
properly represent his or her client as a
tortfeasor or a victim, an attorney must have a
proper understanding of the different intentional
torts.