Torts vs. Crimes
When a wrongful act results in an injury or interferes with someone’s rights the results could become a tort case or a criminal case (LaMance n.d.). Torts can be from a wide variety of legal cases and are brought up in civil courts. A lawsuit is filed and charges are brought up buy the plaintiff or the person or persons who suffered the tortious injury, also known as the victim(s) of the tort. The defendant is the tortfeasor or the accused and if found guilty must cease the violation and pay for damages to the plaintiff. Crimes are brought up in a criminal court room and are tried by the government and a jury decides the guilt and fate of the defendant unlike a tort where the judge enacts the guilt and punishment (Suber n.d).
There are different standards used for torts than crimes to resolve the issues that they bring up. Torts are held in a civil court and are established to impose compensation to a victim and to prove that the defendant had a legal responsibility to act in a particular way and must also demonstrate that the defendant breached of a legal obligation by failing in their responsibility and as a result of the actions the plaintiff suffered a loss or injury (Suber n.d). Crimes are part of the legislature and a statue or written law is enforced (Suber n.d). The focus of the criminal case is on the punishment of a criminal and the moral wrong that has been committed and not the actual injury to the victim (Suber n.d).
Torts are usually brought up in a civil court and perused by the victim of the injury and the victim if they are able to prove burden or persuasion against the defendant and that they are guilty, compensate for the injury or wrong that has befallen the plaintiff (Suber n.d). Punishmen...
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...ty, http://legal-dictionary.thefreedictionary.com/Beyond+a+Reasonable+Doubt
LaMance, K. (n.d.). Intentional infliction of emotional distress by employers. Retrieved from http://www.legalmatch.com/law-library/article/intentional-infliction-of-emotional-distress-by-employers.html; http://www.legalmatch.com/law-library/article/civil-tort-law.html
Lewis, K. (n.d.). Retrieved from http://encyclopedia.thefreedictionary.com/intentional tort
Mayer D., Warner D.M., Siedel G. J., and Lieberman J. K. Business law and the legal environment. (Vol. 1.0.1). flatworldknowledge.com. Retrieved from http://catalog.flatworldknowledge.com/bookhub/reader/9309?cid=1473281
Reuters, T. (n.d.). Product liability. Retrieved from http://injury.findlaw.com/product-liability/what-is-product-liability.html
Suber, P. (n.d.). Retrieved from http://legacy.earlham.edu/~peters/courses/ct/crimtort.htm
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Miller, R. L., and Hollowell, W. E. (2006). 2007 Business law and legal environment texts. Mason, OH: West Legal Studies in Business.
There are many different meanings of crime and many different reasons people commit crimes. In the United States, defense lawyers try to prove their clients did not know what they were doing when they committed the crime and the prosecution tries to prove the defendant did know what they were doing when they committed the crime. However, the prosecution must have the elements of a crime, which means state of facts to prove someone guilty. The prosecution lawyers and the defense lawyers use elements of a crime for the defendant. The following are examples of elements of a crime: mens rea, autus reus, concurrence of actus renus and mens rea. All of these can be used as elements of a crime.
In any legal proceedings, whether adversarial or inquisitorial, witnesses must be called upon to prove the existence or non-existence of each parties’ assertions. There are two kinds of legal proceeding that can be instituted in a court of law; these are the criminal case which involved the state against an accused person and the civil case which a an individual sues another individual to recover damages, compensation, enforcement, restitution e.tc.
Arguably, there are many reasons for punishment, including: retribution, deterrence, incapacitation, restoration, and rehabilitation. The main aim of criminal law is to punish anybody who does wrong to the society; however, it is clear that there are different goals and forms of punishment as listen above. Notably, these differences exist because of the severity of the crime and its punishment. A murderer can be sentenced to die but a shoplifter cannot face the same sentence. The first type of punishment, retribution, punishes the crime doer because the system believes that it is right and fair. Therefore, it looks back at the crime and matches it with the best possible punishment (Schmalleger, 2013). The second type, incapacitation, is forward
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes, along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
Throughout modern civilization, the American republic is widely known for its dependency upon the realm of business. Equally as vital, looms the ever-present hand of the American law system. “All beings have their laws: the Deity…man his laws” (Montesquieu,1), this statement serves true in founding that law is consistently a necessary portion in society because all society desires law. As a consequence of the continual presence of law, careers aimed to interpret the crevices of laws, and to defend them, are synonymously as necessary in society. Absolutely, the gain of America’s economy is a direct reflection of the lawyers who protect them. Lawyers are a necessity to the nation; serving their purpose as defenders of the law. The system of corporate law is undoubtedly the cornerstone of corporate finance, and as citizens begin to thrive more immensely in a capitalistic nation, legal representation will be the trailblazer to the continuation of the American system of corporations. As I embark upon the journey of excellence into the world of corporate law, I endeavor to change the way business is defended, upheld, and represented.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
Foote, Susan B. 1984. ¡§Corporate responsibility in a changing legal environment¡¨. California Management Review. Spring. V.26, p. 217-228.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
2. Compare and contrast tort and criminal law. What are some types of behavior that would be covered by both types of law? In criminal law, the indictment is by the legislature. Disciplines might be fines (paid to the administration) or the correctional facility. In tort law, the offended party who brings the claim is the individual who was specifically harmed and the discipline is normally installment of harms to the individual harmed. A few demonstrations of conduct that would be secured by both sorts of laws are whether some individual physically hit another person and intended to bring about damage on them that would
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.