PHIL 345- Midterm Exam Guide - Comprehensive Notes for the exam ( 30 pages long!)
13 Oct 2017
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Tort: private party asks the state to shift the costs of an injury that has already occurred, onto another party, who both cause injury and acted in a way that makes party liable. causation is always necessary. Crimes: the state prosecutes an individual on behalf of the public for intentionally performing some legally prohibited conduct in order to impose a cost or harm on the individual. intentional performance is a crucial point of crime. **di erence between tort of assault/battery and crime? kind of negligence: generated a risk that one party cannot or did not subject to the other. can be both crime and tort, but risk generation is distinguishing. Plainti must show that su ering an injury to interest that is legally protected the defendant acted in a way that makes it a candidate for strict liability defendant caused loss to plainti no tort without this.
