LWSO 203 Lecture Notes - False Imprisonment, Punitive Damages, O. J. Simpson
25 Mar 2013
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Tort law: criminal law vs. civil law a) The state (on behalf of all) vs. the accused. Goal is to control behaviours and prevent bad behaviour: accused/ crown prosecutor. The state on behalf of society: guilty/not guilty. Punishment of the offender: beyond a reasonable doubt. Guilt must be proven beyond reasonable doubt b) Also a form of social control, trying to promote safe relationships and a safe society: plaintiff/defendant. 2 parties enforcing law against one another: liable/not liable. Not a moral judgement (they could be morally innocent) The defendant did something that had a negative effect on another and they are responsible for the effect of their actions. Compensation of the victim (compensation for damages incurred: balance of probabilities. It is more likely than not that the actions of the defendant caused injury to the plaintiff. Oj simpson case: tort law a) b) c) The orderly functioning of society and safe conduct of social life.
