For many people, when you talk about a certain aspect of law not commonly depicted in the media, their eyes tend to glaze over and they feel that they cannot understand the large glossary of terms and for the most part, that’s really okay. That’s what lawyers are for but there are some simple definitions that you should know. One of them is the definition of tort litigation. For further insights or a consultation on your case, contact the experienced full service law firm, Pak Law Offices.
Tort litigation refers to a civil lawsuit that one individual brings against another. Tort litigation allows a person to recover monetary damages for injuries that a defendant causes by negligent or intentional behavior. It is distinct from criminal litigation, and there are different rules and burdens of proof.
Tort law is a body of law relating to civil wrongs, or wrongs that one person commits against another. Tort law exists in common law jurisdictions, including the United States, Canada, Australia, England, Scotland and Ireland. Tort law is primarily comprised of judge-made law, or case law that was created over years of judicial decisions in these common law jurisdictions.
Under tort law, individuals have a legal duty to behave in a responsible and appropriate manner to other individuals. When these legal duties are breached, the person who breaches them is subject to civil penalties. The breach gives rise to tort litigation.
There are two types of tort litigation that occur: tort lawsuits based on intentional torts, and tort lawsuits based on negligence. Sometimes the action that gives rise to a tort is also punishable under criminal law, especially if the tort is intentional. This is not always the case, however, and two distinct trials must always take place if a defendant is to face both criminal and civil charges.
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