Difference between Tort and Criminal law
A tort case and a criminal case are two distinct branches of law that serve different purposes and address different types of wrongdoings. While both involve civil wrongs, they differ in terms of the parties involved, the burden of proof, the remedies available, and the overall objectives.
Throughout this explanation, we will discuss the differences between tort law and criminal law in detail.
A tort is defined as a civil wrong committed by a person or organization in order to harm or injure another person or their property. Some of its characteristics are as follows:
In tort law, private parties, such as individuals, corporations, and organizations, are usually the involved parties. The injured party, called the plaintiff, seeks compensation from the defendant, who is accused of wrongdoing.
Burden of Proof:
Plaintiff must prove that the defendant’s actions or omissions were negligent or intentional and that these actions directly caused harm or injury in order to be able to prove their claim.
As a rule of thumb, in tort law, the plaintiff must prove his claim by a “preponderance of the evidence,” which means the evidence presented must be more likely than not to support his claims.
Types of Wrong:
There are many different types of torts included in tort law, such as negligence, intentional torts, strict liability, defamation, trespass, product liability, and nuisances. Each must be proven by the plaintiff.
Tort law is primarily a law that compensates the injured party for the harm or injury they suffered. The most common form of tort compensation is money compensation, known as damages.
There are various types of damages that can be awarded, including medical expenses, pain and suffering, income loss, property damage, and emotional distress. It is possible to seek non-monetary remedies in some cases, such as injunctions or specific performance.
Role of State:
States play a crucial role in tort law by providing legal framework and judicial machinery to resolve disputes between parties. They do not prosecute wrongdoers, but rather facilitate the civil litigation process between parties.