何家弘法律英语课件_第十课.ppt

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） 2.Tort law and the law of contracts overlap An injury party has the choice between a tort claim and a suit in contracts. 3.Everyone is liable for his tort act , 每个人都要对其侵权行为负责， in limited form also children （however, parents only when they acted as the child’s agent or did not comply with their duty to supervise）, 在有限的情况下儿童亦然（但是，父母仅当其作为该儿童的代理人或未能按照其监护义务行事时才负此责）， but not the state unless express statutory provision has abolished state immunity . 但国家不在此列，除非法律明文规定取消了国家的豁免权。 Federal Tort claims Act（ FTCA ） The FTCA permits recovery of money damages because of a negligent or wrongful act or omission by the Federal Government or an employee of the Federal Government while the employee was acting within his/her scope of employment or