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Torts Versus Crimes Essay

1549 words - 6 pages

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). Punishments for torts are usually of cash value and are in many cases used to have the defendant cease and desist actions against the plaintiff (Suber n.d). As for criminal where money may be part of the punishment, most cases the defendant is punished with imprisonment and there must be a burden of proof to pursue the case against the defendant (Suber n.d). To convict a guilty party there not only has to obe burden of proof in a criminal case the prosecution must prove guilt beyond a reasonable doubt and thus proving guilt (Hill & Hill n.d.).
Now if a person is convicted of a crime a tort can be perused by the victim along with the criminal case so the victim may receive compensation (Suber n.d). Even though there are times a case can be both criminal and civil the procedural standards are still different. Crimes are mostly under statute law and torts under civil law (Suber n.d). The lawmakers for crimes are legislatures and for torts it would be the courts and the jury decides the verdict for the criminal, while a judge decides the verdict for the tort (Suber n.d).
Intentional Torts
There are three established elements in a tort action. The first is that the plaintiff or victim must prove that the defendant or accused was...

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