Vocabulary:

omission of act - бездействие

preponderance of evidence – предпочтительность доказательств

breach of the duty – нарушение обязанности

damages – возмещение ущерба

guilty beyond a reasonable doubt – виновен без сомнений

substantial fines – существенные штрафы

assault - словесное оскорбление и угроза физическим насилием или покушение на нанесение удара либо угроза таковым

battery - оскорбление действием

false imprisonment - неправомерное лишение свободы

infliction of emotional distress – причинение эмоционального расстройства

trespass - противоправное нарушение владения

negligence - неосторожность халатность

duty of care - обязанность соблюдать осторожность

Exercise 1

Tort actions refer to civil law, and criminal acts refer to criminal law.

What is a tort? What is a crime?

What is the difference?

TORTS	CRIMES
Tort is a wrongful act or omission of act against a person or person’s property	Crime is a wrong against society
The parties to tort case are plaintiff (claimant) and defendant	The parties to criminal case are prosecutor in the name of the government and the defendant
The burden of proof is on both parties, but the preponderance of evidence is the major factor	The burden of proof is on the prosecution – guilty beyond a reasonable doubt
The court decision is usually damages or fine. The winner gets a compensation.	The court decision (punishment) is usually imprisonment or substantial fines. The victim is not compensated.
Tort liability is based on the duty of care: breach of this duty intentional or not makes a person liable to another person	Criminal liability involves three elements: intention, violent act and as a result - harm to another person.

Exercise 2

Torts are divided into the following three categories: 1) Intentional torts; 2) Negligence; 3) Strict liability.

Intentional torts are those wrongs which the defendant knew or should have known would occur through their acts or omission of acts. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

Intentional torts.

Against person

Assault: An intentional, unexcused act creating in another person reasonable anxiety or fear of immediate harmful or offensive contact (e.g., pointing a gun at someone). It is Non Contact: i.e., freedom from having to expect harmful or offensive contact.

Battery: An intentional, unexcused and harmful or offensive contact (and/or hitting the person). Contact- throwing a stone, i.e., a harmful or offensive contact.

False Imprisonment: The intentional confinement of another person or restraint of another person’s activities without justification. The confinement may occur through the use of physical barriers, physical restraint, and/or threats of physical force.

Intentional Infliction of Emotional Distress: An intentional act that develops to extreme and outrageous conduct resulting in severe emotional distress to another person. The injured person feels emotional pain, anxiety and nervous strain.

Against property

Trespass to Land: Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization. Consider oil wells- drainage. Also, compare airplanes.

Trespass to Personal Property: Taking or harming another’s personal property, in such a way as to interfere with the other person’s right to exclusive possession of his or her personal property, without the owner’s permission or legal authorization.