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法律英语专题侵权法(tort law)(课堂PPT)

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法律英语专题：侵权法(tort law)

法律英语专题：侵权法(tort law)


IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
A person refused to inform another of the whereabouts of that other's child for several years, though the person knew where the child was the entire time.
Elements
The defendant must act intentionally or recklessly.
IIED
The defendant's conduct must be extreme and outrageous.
The conduct must cause the plaintiff to suffer severe emotional distress.
法律英语lesson10tortlaw教材教学课件

法律英语lesson10tortlaw教材教学课件


The History and Development of Tort Law
• Medieval Roots: Tort law has its roots in medieval common law, where private individuals were allowed to bring actions against wrongdoers in the form of "actions in trespass." These actions were based on the principle of "lex talionis," or the law of retaliation, allowing victims to seek compensation for harm caused through the courts.
Tort law is separate from criminal law, as it deals with private wrongs rather than public wrongs. It allows individuals to seek compensation for harm caused by the actions of others, whether intentional or not.
The Importance of Tort Law
• Protecting Individual Rights: Tort law serves as a crucial safeguard for individual rights, providing victims of wrongdoing with a legal recourse to seek compensation for harm caused. It helps to ensure that individuals are not left vulnerable to the actions of others without any legal recourse.
法律英语专题：侵权法(tort law)

法律英语专题：侵权法(tort law)

Subcategories
torts against tቤተ መጻሕፍቲ ባይዱe person
assault battery false imprisonment intentional infliction of emotional distress
.
General
property torts
trespass to land trespass to chattels (personal property) conversion
Statutes have been passed in attempts to ‘reform’ the tort system.
.
General
Most of them have related to procedural matters and amounts and categories of damages.
With the tort of assault, a perceived threat by the victim is paramount.
.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
法律英语专题：侵权法(tort law)资料讲解

法律英语专题：侵权法(tort law)资料讲解

The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
General
property torts
trespass to land trespass to chattels (personal property) conversion
dignitary torts
defamation invasion of privacy
Torts Against the Person
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
法律英语专题：侵权法(tort law)
General
to deter others from committing the same act
US tort law
Tort law in the U. S. is largely common law.
法律英语专题：侵权法(tort-law)

法律英语专题：侵权法(tort-law)

was riding, causing him to fall and be injured mixing something offensive in food that he knows another will eat—the other does in fact eat the offensive matter
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Many judges utilize the Restatement of Torts (2nd) as an influential guide.
The Restatement is an influential treatise issued by the American Law Institute, which summarizes the general principles of common law United States tort law.
With the tort of assault, a perceived threat by the victim is paramount.
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
法律英语专题：侵权法(tort law)

法律英语专题：侵权法(tort law)


Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
★Apprehension is not the same as fear— here it means awareness that an injury or offensive contact is imminent.
Battery
Definition
an intentional act that causes a harmful or offensive contact
‘Harmful’ contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Tort Law
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
False Imprisonment
法律英语第十课 Tort Law

法律英语第十课 Tort Law


2020/12/11
法律英语
4
Federal Tort claims Act
A statute which removed the power of the federal government to claim immunity from a lawsuit for damages due to negligent or intentional injury by a federal employee in the scope of his/her work for the government.
法律英语
25
Contributory negligence 共同过失
a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.
2020/12/11
法律英语
23
No claim for compensation不能要求赔偿
The injured party has been guilty of contributory negligence – 共同过失 has assumed the risk – 预计到有危险
2020/12/11
Amount to 25 to 33% of the verdict 酬金达到法院判付金额的25-33%。
法律英语专题侵权法tort law

法律英语专题侵权法tort law


IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
A person refused to inform another of the whereabouts of that other's child for several years, though the person knew where the child was the entire time.
was riding, causing him to fall and be injured mixing something offensive in food that he knows another will eat—the other does in fact eat the offensive matter
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing torts and the power to create new torts.
Statutes have been passed in attempts to ‘reform’ the tort system.
法律英语 十课 侵权法PPT课件

法律英语 十课 侵权法PPT课件


国家的豁免权。 20.05.2020
.
13
Federal Tort claims Act（ FTCA ）
The FTCA permits recovery of money damages because of a negligent or wrongful act or omission by the Federal Government or an employee of the Federal Government while the employee was acting within his/her scope of employment or office.
Personal injury 人身伤害
Implied contract默示合同 Personal injury人身伤害
Breach of warranty 违背保证诺言
Recovery of intangible damage
20.05.2020liable for his tort act ,
– 在有限的情况下儿童亦然（但是，父母仅当 其作为该儿童的代理人或未能按照其监护义 务行事时才负此责），
but not the state unless express statutory provision has abolished state immunity .
– 但国家不在此列，除非法律明文规定取消了
民事诉讼的原告通常会向陪审团提出 索赔主张，这主要是出于人道的考虑 而不是法律的考虑。
儿童受伤
20.05.2020
.
8
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害
法律英语-侵权法 (课堂PPT)

法律英语-侵权法 (课堂PPT)

民事诉讼的原告通常会向陪审团提出索赔 主张，这主要是出于人道的考虑而不是法 律的考虑。
儿童受伤
14
Compensation and damages 补偿费和损害赔偿金
Actual loss 实际损害 Intangible damage 无形损害 A plaintiff can play on the human reaction of
persons under the legal drinking age, or those who are obviously intoxicated.
People who serve alcoholic beverages may be liable under state laws for damages resulting from the consumption of those beverages.
21
“dram- shop acts” 小酒店法令
A party injured as a result of the intoxication of the tortfeasor has a claim against him who contributed to the tortfeasor’s intoxication.
美国允许律师分享原告所获得的赔偿金 （胜诉酬金）
Amount to 25 to 33% of the verdict 酬金达到法院判付金额的25-33%。
16
A tort action 侵权诉讼
A lengthy proceeding
诉讼程序时间长
Large expenses — honoraria for experts
lovers, strangers.
精选法律英语专题侵权法讲义.

精选法律英语专题侵权法讲义.

The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
Categories of torts
intentional torts
General
negligence strict liability torts
Intentional Torts
பைடு நூலகம்
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
（优选）法律英语专题侵权法 课件
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
dignitary torts
defamation invasion of privacy
Torts Against the Person

Lesson Ten Tort Law

• Product liability cases, such as those involving warranties, may also be considered negligence actions or, particularly in the United States, may apply regardless of negligence or intention through strict liability.
• Compared to criminal cases, tort lawsuits have a lower burden of proof, namely “preponderance of evidence”（证 据优势）, rather than beyond a reasonable doubt（排除合 理怀疑，即陪审团只有在检方提出的证据能够排除所有 合理的怀疑之后，才可以判定被告人有罪。）
• Torts against the person include assault袭击、侵犯 人身, battery殴打, false imprisonment, intentional infliction of emotional distress故意施加精神压力, and fraud欺诈, although the latter is also an economic tort.
侵权法，民事损害赔偿法
• 主要涉及侵犯他人的人身，财产，名誉，商业等 方面权益的民事过错行为。
• Intentional tort, Negligence or negligent tort, Strict liability
• Personal tort, Property tort
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Elements
The defendant must act intentionally or recklessly.
19
IIED
The defendant's conduct must be extreme and outrageous.
The conduct must cause the plaintiff to suffer severe emotional distress.
20
IIED
★This standard is quantified by the intensity, duration, and any physical manifestations (ulcers or headaches, for example) of the distress.
Examples
dignitary torts
defamation invasion of privacy
8
Torts Against the Person
9
Assault
Definition
an intentional act that causes an apprehension of immediate harmful or offensive contact
it at someone pointing a gun at someone pointing a realistic toy gun at someone
Criminal assault and tortious assault
Criminal assault can occur even when no threat is perceived by the victim.
13
Battery
Definition
an intentional act that causes a harmful or offensive contact
‘Harmful’ contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Statutes have been passed in attempts to ‘reform’ the tort system.
3
General
Most of them have related to procedural matters and amounts and categories of damages.
10
Assault
There must be an accompanying act.
The defendant must have the apparent ability to carry out the contact.
Actual ability to carry out the contact is not necessary.
was riding, causing him to fall and be injured mixing something offensive in food that he knows another will eat—the other does in fact eat the offensive matter
A person refused to inform another of the whereabouts of that other's child for several years, though the person knew where the child was the entire time.
Categories of torts
intentional torts
4
General
negligence strict liability torts
5
Intentional Torts
6
General
Definition
An intentional tort is a tort resulting from an intentional act on the part of the tortfeasor.
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
16
False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
17
False Imprisonment
actual confinement awareness of the confinement by the
person so confined no reasonable means of escape
False arrest
‘False arrest’ occurs when someone arrests another individual without the legal authority to do so, which becomes false imprisonment the moment he or she is taken into custody.
Tort Law
1
General
Tort
a civil wrong which unfairly causes someone else to suffer loss or harm
★It does not include breach of contract or trust. (A civil wrong can be a tort, breach of contract or breach of trust.)
Subcategories
torts against the person
assault battery false imprisonment intentional infliction of emotional distress
7
General
property torts
trespass to land trespass to chattels (personal property) conversion
With the tort of assault, a perceived threat by the victim is paramount.
12
Assault
＊A defendant who throws a rock at a sleeping victim and misses can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
The plaintiff must have a reasonable apprehension of such contact.
Actual fear on the plaintiff’s part is not required.
Examples
11
Assault
swinging a baseball bat at someone holding a rock and threatening to throw
US tort law
Tort law in the U. S. is largely common law.
Courts have the power to shape and change the elements of claims and defenses of existing toew torts.
15
Battery
digging a pit with the intent that another will fall into it later—the other does in fact fall into it
Criminal and tortious battery
Usually battery is prosecuted as a crime only in cases involving serious harm to the victim.
★Apprehension is not the same as fear— here it means awareness that an injury or offensive contact is imminent.
Requirements
The act must be overt.
Mere words do not constitute an assault.
Purpose of tort law
to provide relief to the injured party through the award of damages for the injuries incurred during a tortious act
2
General
to deter others from committing the same act
‘Offensive’ contact
contact that would offend a person’s sense of personal dignity