Задание для группы Ю-2001-06 на 18.03.

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1. Get ready to present the topic “Tort vs crime: parties, burden of proof, punishment”.
2. Repeat the vocabulary at pages 183-186.
3. Learn the active vocabulary, p.204-205.
4. Read the material about participles in PRC (Practical Grammar Course), p.72-73 and do
ex.74, p.75.

Topic “Tort vs crime: parties, burden of proof, punishment”

The law of tort deals with civil wrongs. A wrong is something that causes harm or
damage to another person. Criminal law deals with crimes. A crime is generally a deliberate act
that results in harm, physical or otherwise, toward one or more people, in a manner prohibited by
law. Criminal law deals with more serious and harmful wrongs than the law of tort.
How is tort law different from criminal law or contract law? The answer to this question
is that there is a lot of overlap between the law of tort, contract law and criminal law. Although a
tort and a crime appear to be the same in many cases, the parties, burden of proof, and
punishment are different.
In a tortious action the claimant is the injured party who has to prove the elements of his
case. If he wins, he is entitled to redress to compensate him for his injury.
Crimes usually involve public law and order. Therefore, in a criminal action the claimant
is the state, represented by the prosecutor. The person charged with committing a crime is the
defendant. The state has the burden of proof. It is higher than in a tortious action.
Punishment gives the criminal the tools to understand the way they wronged the society
around them, granting them the ability to one day possibly come to terms with their crime and
rejoin society. A just punishment is one that is equal to the crime committed.
The usual remedies in tort are damages and injunction.
In criminal law the convicted defendant either pays a fine, or goes to prison. The injured
party receives nothing.
Contractual liability is based on agreement between parties. Tort liability is based on the
duty one person owes to another. It is imposed by law regardless of whether or not there is an
agreement between the parties.