Civil and Criminal Statutes

This lesson covers the area traditionally known as "negligence per se." The problem of when can a civil or criminal statute be used as the standard of care in negligence cases is the primary matter discussed. The lesson gives some special attention to the "Dram Shop" example.

Learning Outcomes

On completion of the lesson, students will be able to:

1. Explain additional ways in which the standard of conduct may be determined in addition to the "reasonable person."
2. Discuss when a civil or criminal statute can be used as the standard of care in negligence cases.
3. Recall an example of a statute with a civil penalty.
4. List the elements from the Restatement (Second) of Torts defining how a court may adopt a standard of conduct.
5. Analyze some of the issues in the Dram Shop cases.