BUS 410 Study Guide - Final Guide: Intentional Tort, Res Judicata, False Imprisonment
5 May 2016
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Purpose of torts: to redress harms to individuals and harms to individual(s) property. 3 broad tort categories: (1) intentional (2) negligent (3) strict liability (1) intentional torts. What is an intentional tort: often looks like a crime, a crime is a criminal lawsuit brought by the state representing the innocent party. Standard of proof: beyond reasonable doubt, really hard to prove (99+%: a tort is a civil lawsuit brought by the victims themselves. Standard of proof: preponderance of evidence (50%) much, much more likely than not. Criminal lawsuit: res judicata the race has been run the case has been decided. If you lose the criminal lawsuit, there"s no res judicata: same parties involved judge can apply the same things from the criminal lawsuit to the torts case. If you won the criminal lawsuit, you"re pretty much guaranteed to win the civil lawsuit: saves the tort lawyers money and time also runs the defendant out of money.
