Tort law differs from criminal law in several ways. Tort law is a form of civil law instead of criminal law. Criminal law serves the purpose of society at large, as criminal suits are brought by prosecutors on behalf of the state or the federal government. Tort suits generally are filed by private parties.
The fundamental purpose of criminal law is to punish those individuals who commit crimes. In contrast, the basic purpose of tort law is to compensate individuals for the harm that they have suffered.
Another major difference between tort and criminal law concerns the burden of proof. Criminal cases require the prosecution to prove its case by a very high standard called beyond a reasonable doubt. This requires almost absolute certainty by the jury (or judge) that the criminal defendant committed the unlawful act for which he is charged. Tort suits require the plaintiff to prove his case by preponderance of the evidence, which means more likely than not.
- What types of cases are examples of tort cases?
- Where does the word tort come from?
- What is a tort?
- Can stepparents adopt their spouse’s biological children?
- Does a biological father have the right to notification that his child may be placed for adoption by the child’s mother?
- What age restrictions are imposed on prospective adoptive parents?
- What expenses do adoptive parents pay to the birth mother?
- Can prospective adoptive parents advertise that they wish to adopt a child?
- Can adoption agencies consider the race of the adoptive parents or children when making decisions?
- What is a foreign adoption?
- What is the court or judge’s role in the adoption process?
- What information does an adoption agency consider when determining whether to place a child with prospective adoptive parents?
- Can birth mothers withdraw consent to an adoption?
- Who must consent to an adoption?
- What methods of adoptions are there?
- What is adoption?
- If you think you are the father of a child, but you are not married and the mother refuses to let you see the baby, is there anything you can do?
- If you are a pregnant and unmarried woman, and the father refuses to acknowledge paternity, what can you do?
- Can courts modify child support obligations?
- What happens if a person refuses to pay child support?