第十课 Tort Law.pptVIP

法律英语 Punishment is justice for the unjust. Augustine British writer　 惩罚是对正义 的伸张。英国作家 奥古斯丁 Background Tort The breach of a duty that results in an injury for which there is a remedy at law. / Torts include all negligence cases as well as intentional wrongs which result in harm. Tort law 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. / Tort Part 1: Introduction Many circumstances The plaintiff in a civil suit is ordinarily entitled to try his claim before a jury which will often rely more on human than on legal considerations…… 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。 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 the jury 原告利用陪审团的人性反应 American law permits the participation of the attorney in the plaintiff’s recovery (contingent fee) 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%。 A tort action 侵权诉讼 A lengthy proceeding 诉讼程序时间长 Large expenses — honoraria for experts 代价大（专家证人的酬金） A very large verdict （ in excess of $100000） 判决金额非常大（10万美元以上） Verdict: the finding of a jury, or of a judge where there is no jury, on a question of a fact. A verdict differs from a judgment in that a verdict is not a judicial determination, but rather a finding of fact which the trial court may accept or reject and utilize in formulating its judgment. (Steven H. Gifis, Law dictionary) A jury’s finding or decision on the factual issues of a case; loosely, in a nonjury trial, a judge’s resolution pf the issues of case (Blacks Law Dictionary ) Origin: Latin veredictum, to say the truth Middle English verdit, a compound of ver (true, from the Latin vērus) and dit (speech, from the Latin dictum, the neuter form of dīcere, to say). Cf. decision, judgment, decree, order, rule, ruling, sentence