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Este trabajo de compilación contiene los

textos que se utilizarán para el dictado de
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ejes temáticos abordados para la
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lectora en lengua extranjera

LECTOCOMPRENSIÓN
– INGLÉS
MATERIAL DIDÁCTICO
ALUMNOS
UNIDAD 10

DEPARTAMENTO DE IDIOMAS
 UNIDAD 10:

DERECHO DE DAÑOS

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 ÍNDICE DE CONTENIDOS

TEXTO 1: A. Tort law: key words (√ )

TEXTO 1:B. Tort (√ )

TEXTO 2: A. Tort Law vs. Criminal Law (gráficos) (√ )

TEXTO 1:B. Tort Law vs. Criminal Law (texto) (√ )

TEXTO 3: Interpretación de gráficos y cuadros (X)

TEXTO 4: Cartoon: Humour (X)

TEXTO 5: Hyundai Ordered To Pay $73M In Punitive Damages

In 2011 Crash Case, Liability Lowered By A Third (X)

Apéndice 1:Torts: motor vehicle defect cases (X)

Apéndice 2:: What does “punitive damages” mean? (X)

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TEXTO 1A: Tort law: key words

Tort Law: KEY WORDS:

TORT LIABILITY WRONG WRONGDOER TORTFEASOR

HARM INJURY DAMAGE RELIEF DAMAGES
REDRESS CAUSATION INJUNCTION NEGLIGENCE
BATTERY ASSAULT TRESPASS
DEFAMATION

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TEXTO 1B: Tort
Fuente: http://www.law.cornell.edu/wex/tort

Tort
Definition

A tort is an act or omission that gives rise to injury or harm to another and
amounts to a civil wrong for which courts impose liability. In the context
of torts, "injury" describes the invasion of any legal right, whereas
"harm" describes a loss or detriment in fact that an individual suffers.

Overview

The primary aims of tort law are to provide relief to injured parties for
harms caused by others, to impose liability on parties responsible for the
harm, and to deter others from committing harmful acts. Torts
can shift the burden of loss from the injured party to the party who is at
fault or better suited to bear the burden of the loss. Typically, a party
seeking redress through tort law will ask for damages in the form of
monetary compensation. Less common remedies include injunction and
restitution.

The boundaries of tort law are defined by common law and state statutory
law. Judges, in interpreting the language of statutes, have wide latitude in
determining which actions qualify as legally cognizable
wrongs, which defenses may override any given claim, and the
appropriate measure of damages. Although tort law varies by state, many
courts utilize the Restatement of Torts (2nd) as an influential guide.

Torts fall into three general categories: intentional torts (e.g., intentionally
hitting a person); negligent torts (e.g., causing an accident by failing to
obey traffic rules); and strict liability torts (e.g., liability for making and
selling defective products). Intentional torts are wrongs that the defendant
knew or should have known would result through his or her actions or
omissions. Negligent torts occur when the defendant's actions were
unreasonably unsafe. Unlike intentional and negligent torts, strict liability
torts do not depend on the degree of care that the defendant used. Rather,
in strict liability cases, courts focus on whether a particular result or harm
manifested. In tort, there are two broad categories of activities for which a
plaintiff may be held strictly liable - possession of certain animals and
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abnormally dangerous activities. Additionally, in the area of torts known
as products liability, there is a sub-category known as strict products
liability which applies when a defective product for which an appropriate
defendant holds responsibility causes injury to an appropriate plaintiff.

There are numerous specific torts including trespass, assault, battery,

negligence, products liability and intentional infliction of emotional
distress. There are also separate areas of tort law including nuisance,
defamation, invasion of privacy, and a category of economic torts.

Remedies

The law recognizes torts as civil wrongs and allows injured parties to
recover for their losses. Injured parties may bring suit to recover
damages in the form of monetary compensation or for an injunction,
which compels a party to cease an activity. In certain cases, courts will
award punitive damages in addition to compensatory damages to deter
further misconduct.

In the vast majority of tort cases, the court will award compensatory
damages to an injured party that has successfully proven his or her case.
Compensatory damages are typically equal to the monetary value of the
injured party's loss of earnings, loss of future earning capacity, pain and
suffering, and reasonable medical expenses. Thus, courts may
award damages for incurred as well as expected losses.

When the court has an interest in deterring future misconduct, the court
may award punitive damages in addition to compensatory damages. For
example, in a case against a manufacturer for a defectively manufactured
product, a court may award punitive damages to compel the manufacturer
to ensure more careful production going forward.

In some cases, injured parties may bring suit to obtain an injunction rather
than monetary relief. Courts grant injunctions infrequently, and the party
seeking an injunction must prove that it would suffer considerable or
irreparable harm without the court's intervention.

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TEXTO 2A: Tort Law vs. Criminal Law (gráficos y texto)

Tort Law vs. Criminal Law (Gráficos y texto)

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TEXTO 2B: Tort law vs Criminal Law

Fuente: http://www.buzzle.com/articles/understanding-the-difference-between-tort-
and-criminal-law.html

Tort Law Vs. Criminal Law

Crimes and torts are wrongdoings. While torts give rise to civil liability,
crimes give rise to criminal liability. There are certain torts that may be
give rise to both civil and criminal liability. Tort law deals with torts and
criminal law deals with crimes. Let us take a look at the difference between
tort and criminal laws.

Purpose
• Both criminal law and tort law are used for taking corrective action
against wrongdoers. As torts are wrongdoings against individuals, tort
law is aimed at providing redress to aggrieved parties and deterring
people from committing torts. The main purpose is to compensate the
victim for the harm he/she suffered
• Crimes are considered as wrongdoings against the state or society as a
whole. Certain acts are classified by the state as crimes, and such acts are
forbidden by law; as they threaten public safety and welfare. Though a
crime may have created an immediate victim(s), the state is considered as
the ultimate victim; because a criminal (like a robber) can be dangerous for
any person in society if he is let loose. So, the main purpose of criminal law
is to protect society from crimes.
Action Against the Wrongdoer
• In case of torts, the aggrieved party or the victim can sue the wrongdoer
in a civil court, seeking damages for the harm suffered by the former. The
person who initiates such an action is called the plaintiff, and the person
who is sued is called the defendant.
• According to criminal law, the state is responsible for charging a person
with a crime. The state is represented in the court by the prosecutor, who
conducts the case. So, the action against the wrongdoer is initiated by the
victim in case of a tort, whereas the state initiates such action in a crime.

Court Proceedings
• Unlike criminal law, tort laws are mainly based on common law and
precedents. The wrongdoer is 'sued' for a tort. Though the Seventh
Amendment offers the right to jury trial for defendants in civil cases, it is
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not commonly awarded in case of torts. In case of standard of proof in
torts, evidence has a greater weight. The golden rule is 'preponderance of
the evidence', which means the plaintiff must have convincing evidence to
prove the case. Most of the constitutional clauses that offer protection to
the defendants in criminal cases are not available in torts.
• As mentioned above, the state has classified certain acts as crimes. So,
criminal laws are mostly based on statutes made by the legislature. The
defendant is 'tried or prosecuted' for committing a crime. According to the
Sixth Amendment of the United States Constitution, the defendants have
the right to jury trial in criminal cases. When it comes to the standard of
proof, crimes have to be proved 'beyond a reasonable doubt'. Crimes
require a higher level of proof, and the prosecutor must prove the crime
beyond a reasonable doubt. There are various constitutional clauses that
offer protection and support to defendants in criminal cases. They include
double jeopardy, ex post facto law, right to speedy trial, right to counsel,
etc.

Court Verdict
• In tort law, the wrongdoer is liable or not liable to pay damages for the
tort committed. The defendant has to pay compensation, as decided by the
court, on the basis of harm suffered by the plaintiff. The right to appeal is
available for both the defendant and plaintiff.
• According to criminal law, the wrongdoer can be guilty or not guilty of
the crime. The defendant can be sentenced to fine, imprisonment, or both.
Rarely, death sentence may also be awarded. Though there is no provision
for damages in criminal law, the victims are compensated in rare cases. In
criminal law, only the defendant has the right to appeal.
This is only a brief overview about the basic differences between tort law
and criminal law. There are certain wrongdoings that amount to crimes as
well as torts. In such cases, the victim can initiate a civil case against the
defendant for damages. For example, the victim of assault may file a civil
suit seeking compensation for the damages suffered. In short, it can be said
that the ultimate aim of both laws is protection of citizens.

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Fuente: www.slideshare.net/fatimad1/lecture-10-law-of-tort

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TEXTO 3: Interpretación de gráficos y cuadros

Interpretación de gráficos y cuadros

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