m
SQ@WE HAVE DISCUSSED IN CLASS THE IDEA THAT THE LAW ATTEMPTS TO
2BALANCE CONFLICTING INTERESTS IN SOCIETY.  IN
@ORDER TO DO THIS, JUDGES AND LAWMAKERS HAVE TO DEAL WITH TWO
@DIFFERENT KINDS OF SITUATIONS.  SOMETIMES PEOPLE COMMIT ACTS
@THAT VIOLATE THE LAW; AT OTHER TIMES, THEY FAIL TO DO THINGS
<THAT THE LAW SAYS THEY MUST DO.  THESE KINDS OF ACTS ARE
@CALLED CRIMES. SOCIETY PUNISHES CRIMES, USUALLY THROUGH THE
*APPLICATION OF FINES OR JAIL SENTENCES

@WHICH OF THE FOLLOWING WOULD BE EXAMPLES OF CRIMES (TYPE THE
(LETTER BESIDE ALL CORRECT ANSWERS).
0               A. NOT PAYING YOUR INCOME TAX
*               B. RUNNING A STOP SIGN
0               C. KILLING SOMEONE ON PURPOSE
		D. STEALING A CAR
A,B,C,D
ABCD
,RIGHT--ALL THESE ARE EXAMPLES OF CRIMES.
>WRONG--OR AT LEAST NOT COMPLETELY RIGHT.  ALL OF THE ABOVE
<EXAMPLES ARE CRIMES.  SO THE CORRECT ANSWER IS A,B,C,D.
<A TORT, ON THE OTHER HAND, IS A WRONGFUL ACT, INJURY OR 
>DAMAGE CLAIMED BY ONE INDIVIDUAL AGAINST ANOTHER.  A TORT
<IS OFTEN THE BASIS FOR WHAT IS POPULARLY KNOWN AS"SUING"
SOMEONE.

@THERE ARE TWO IMPORTANT DIFFERENCES BETWEEN CRIMES AND TORTS
>THAT WILL HELP YOU IN TRYING TO DISTINGUISH BETWEEN THEM.
>BOTH DIFFERENCES RELATE TO THE IDEA THAT WE CONSIDER MANY
@TORTS TO BE DIRECTED MORE AGAINST AN INDIVIDUAL THAN AGAINST
BSOCIETY AS A WHOLE.  THEY THEREFORE DO NOT THREATEN THE BASIC
BORDER OF SOCIETY, AND SOCIETY DOES NOT DO SO MUCH TO INTERVENE
@IN MATTERS INVOLVING JUST TORTS.  IT DOES, HOWEVER,  PROVIDE
0COURT FACILITIES FOR SETTLING SUCH DISPUTES.

THE DIFFERENCES ARE:
:     (1) WHEN YOU WISH TO BRING A TORT ACTION AGAINST
:         SOMEONE, YOU MUST DO IT AT YOUR OWN EXPENSE,
8         INCLUDING HIRING YOUR OWN LAWYER.  WHEN YOU
6         ARE THE VICTIM OF A CRIME, HOWEVER, THESE
4         THINGS ARE PAID FOR AT PUBLIC EXPENSE.
8     (2) A PERSON JUDGED TO HAVE ACTED WRONGLY IN A
6         TORT ACTION IS NOT PUNISHED.  HE JUST HAS
4         TO PAY FOR WHATEVER DAMAGE HE MAY HAVE
8         CAUSED.  (YOU PROBABLY KNOW THAT SOMETIMES
,         PART OF A DAMAGE JUDGMENT WILL
6         BE THAT HE ALSO HAS TO PAY HIS OPPONENT'S
         LEGAL EXPENSES.

@IF THE MAILMAN TRIPS OVER YOUR BICYCLE ON THE SIDEWALK AS HE
>COMES UP TO DELIVER YOUR MAIL AND BREAKS HIS LEG, WOULD HE
:PROBABLY TRY TO ACT AGAINST YOU FOR A TORT OR A CRIME?
TORT
>RIGHT.  HE WOULD PROBABLY CLAIM HIS INJURY RESULTED FROM A
>WRONGFUL ACT (LEAVING YOUR BICYCLE ON THE SIDEWALK) AND HE
:IS ENTITLED TO RECOVER DAMAGES.  LEAVING YOUR BIKE ON
BTHE SIDEWALK MIGHT RESULT IN A TORT ACTION--IT DOESN'T BELONG
<THERE, THE MAILMAN IS SUPPOSED TO GO TO YOUR MAILBOX AND
@SHOULD HAVE CLEAR ACCESS TO IT, SO YOU ACTED WRONGFULLY--BUT
@IT PROBABLY ISN'T A CRIME; YOU WOULDN'T EXPECT TO HAVE TO GO
TO JAIL OR PAY A FINE.

CRIME
DWRONG.  THIS WOULD BE AN INJURY RESULTING FROM A WRONGFUL ACT--
<LEAVING YOUR BIKE WHERE IT SHOULDN'T BE--BUT IT PROBABLY
BISN'T A CRIME.  YOU WOULDN'T HAVE TO PAY A FINE OR GO TO JAIL.
<YOU PROBABLY WOULD, EITHER THROUGH INSURANCE OR IN SOME
4OTHER WAY, HAVE TO PAY FOR THE MAN'S INJURIES.  
(PLEASE ANSWER EITHER CRIME OR TORT.
DDO YOU THINK YOU UNDERSTAND THE DIFFERENCE BETWEEN A TORT AND A
BCRIME NOW?  IF YOU ANSWER YES, WEL'LL GO BACK AND COMPLETE THE
DPRETEST.  IF YOU ANSWER NO, WE'LL DO SOME MORE EXAMPLES ON CRIME
AND TORT.
NO
(OK.  LET'S TRY A FEW MORE EXAMPLES 
YES
BAAT01"PLEASE TYPE EITHER YES OR NO.
4IS EXCEEDING THE SPEED LIMIT A TORT OR A CRIME?

CRIME
"RIGHT.  LET'S TRY ANOTHER ONE.
TORT
>NO.  IT'S A CRIME.  YOU WILL, REMEMBER, BE PUNISHED IF YOU
ARE CAUGHT.
,PLEASE ANSWER WITH EITHER TORT OR CRIME.
DIF YOU ARE PAINTING YOUR HOUSE AND ACCIDENTALLY SPLASH OR SPILL
@PAINT ON YOUR NEIGHBOR'S PROPERTY, IS THAT AN EXAMPLE OF THE
*BASIS FOR A CRIMINAL OR A TORT ACTION?
TORT
*RIGHT.  NOW YOU SEEM TO BE GETTING IT.

CRIME
FWRONG AGAIN.  YOU WOULDN'T BE PUNISHED FOR SOMETHING LIKE THIS, IF
BIT WAS AN ACCIDENT, AS OPPOSED TO DELIBERATE VANDALISM.  YOU'D
,JUST HAVE TO PAY FOR THE DAMAGE YOU DID.
SO IT'S A TORT.

@I THINK YOU ARE HAVING A LOT OF TROUBLE UNDERSTANDING THIS.
BLET'S GO BACK AND FINISH THE PRETEST.  OR, IF YO PREFER, TYPE
."CONTROL Z" AND ASK YOUR TEACHER FOR HELP.
BAAT01BYOUR ANSWER MUST BE EITHER CRIME OR TORT.  PLEASE CHOOSE ONE.
>LET'S TRY ONE MORE EXAMPLE TO BE SURE--A MORE COMPLICATED
ONE THIS TIME.
@SUPPOSE YOU ARE DRIVING A CAR DOWN THE STREET, LOST CONTROL
>OF IT, AND RUN ONTO SOMEONE'S TREE LAWN.  THE CAR TEARS UP
@THE TURF AND KNOCKS OVER A COUPLE OF TREES BEFORE YOU GET IT
STOPPED.

4IS LOSING CONTROL OF YOUR CAR A CRIME OR A TORT?

CRIME
VERY GOOD.
TORT
2STOP AND THINK:  WOULD YOU BE PUNISHED FOR IT?
THEN ANSWER.
(PLEASE ANSWER EITHER CRIME OR TORT.
:STILL THINKING ABOUT THE SAME INCIDENT:  IS THE DAMAGE
:YOU HAVE DONE THE BASIS FOR A TORT OR CRIMINAL ACTION?
TORT
FVERY GOOD.  YOU HAVE THE RIGHT IDEA NOW.  ALWAYS REMEMBER THAT THE
>SAME INCIDENT CAN LEAD TO BOTH CRIMINAL AND TORT ACTIONS.

$NOW LET'S CONTINUE THE PRETEST.

 BAAT01
CRIME
BWRONG. THIS REALLY SEEMS TO BE GIVING YOU SOME TROUBLE.  LET'S
&GO BACK AND COMPLETE THE PRETEST.
BAAT01(PLEASE ANSWER EITHER CRIME OR TORT.
R TORT.
:STILL THINKING ABOUT THE SAME INCIDENT:  IS THE DAMAGE
:YOU HAVE DONE THE BASIS FOR A TORT OR CRIMINAL ACTION?
TORT
FVERY GOOD.  YOU HAVE THE RIGHT IDEA NOW.  ALWAYS REMEMBER THAT THE
>SAME INCIDENT CAN LEAD TO BOTH CRIMINAL AND TORT ACTIONS.

$NOW LET'S CONTINUE THE PRETEST.

 BAAT01
CRIME
BWRONG. THIS