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TORTS
“The American Recipe”
§PROF.  CRAIG CHARLES BELES
§Seattle, Washington, USA

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The Central Tavern, Est. 1892
the central.pdf

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TORT LAW - DEFINITION
§A “TORT” IS A CIVIL WRONG (as opposed to a criminal wrong) (beyond a breach of contract) FOR WHICH
THE COMMON LAW PROVIDES MONETARY COMPENSATION TO AN INJURED PLAINTIFF.

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COMMON LAW vs. CIVIL LAW
System Features
Common Law
Civil Law
Continuity of Legal System
Evolutionary
Revolutionary
Major Source of Law
Custom & Practice
Legislative Statutes
Reliance on Precedent
Strong
Weak
Judicial Role in Law Making
Active/Creative
Passive/Technical
Role of Legal Scholarship
Judicial Review of Statutes & Executive Decisions
Secondary & Peripheral
Yes
Extensive & Influential
No

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UNITED STATES
STATE CAPITALS & MAJOR CITIES
USA-Major-Cities.jpg

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UNITED STATES FEDERAL COURTS
2000px-US_Court_of_Appeals_and_District_Court_map.svg.png

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Washington State Counties
county_map.png

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SPOKANE COUNTY COURTHOUSE
SpoCtHouse.jpg

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COLUMBIA  COUNTY  COURTHOUSE
WallaCtHouse.jpg

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DAMAGES IN TORT
§COMPENSATORY
ú SPECIAL DAMAGES
  Past & Future Medical Expenses
  Past & Future Lost Wages
§ GENERAL DAMAGES
  Past & Future Pain & Suffering/Mental Distress
§PUNATIVE
§     Punishment & Deterrence
§INJUNCTIVE
§     Equitable Remedy to Stop Activity

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WASHINGTON  STATE  SUPREME  COURT
TempJustice.jpg

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UNITED  STATES  SUPREME  COURT
SupCtRoom.jpg

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TORT  DIFFERS  FROM  CONTRACT
THE  LAW  OF  CONTRACT
PROTECTS  INTENTIONS
ENFORCES  PROMISES
DUTIES  ARISE  OUT  OF  AGREEMENT
THE  LAW  OF  TORT
PROTECTS  IMPORTANT  PERSONAL  INTERESTS
ENFORCES  SOCIAL POLICY
DUTIES ARISE  OUT  OF  COMMON LAW
TORT  &  CONTRACT  DO  OVERLAP
SO-CALLED  “CONTORTS”

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TORT  DIFFERS  FROM  CRIMINAL LAW
CRIMINAL  LAW
FOCUSES  ON  THE  MIND  &  ACT  OF  ACCUSED
FUNCTION  IS  TO  PUNISH  &  DETER
B  OF  P = BEYOND  REASONABLE  DOUBT
PLAINTIFF  IS  STATE, i.e., GOVERNMENT
TORT  LAW
FOCUSES  ON  INJURY  TO  PLAINTIFF
FUNCTION  IS  TO  COMPENSATE  INJURED  PARTY
B  OF  P = PREPONDERANCE  OF  EVIDENCE  (51%)
PLAINTIFF  IS  THE  INJURED  PARTY