Figure 6.2
Civil suits are decided in court by judges and juries. (Credit: Coffee/ pixabay/ License: CC0)
Torts
Civil suits involve different causes of action, and they are included in one general classification: torts. The word
“tort” means “wrong” in French. Thus, torts are wrongs committed against others who suffer some form of
damage as a result. While these damages could also be the result of criminal action, the criminal element of
the matter is not tried in a civil lawsuit. The standard of proof is lower for civil suits, and a finding of liability in
a tort case does not necessarily translate to guilt in a criminal case.
The actor of the wrongs has historically been called a tortfeasor. When a wrong is committed by a tortfeasor,
damage is done to another. Tort law seeks to address this damage based on the circumstances of the issue,
which is based on fault. Civil lawsuits are used by the injured parties to seek redress for the loss associated
with the tort. Unlike criminal proceedings, redress is often provided in the form of money as opposed to
incarceration. As such, the burden of proof of fault is lower. The offender, or tortfeasor, who commits the act
is the accused in a civil suit. The plaintiff, who is the injured party, files the lawsuit on which the civil court will
make a decision. The offender ultimately becomes the defendant, who must respond to the accusations of the
plaintiff in a civil suit.
During tort litigation, the judge and jury have certain separate functions (Kionka, 2013):
Functions During a Tort Litigation
The Judge Decides Issues of Law
The Jury Decides Questions of Fact
The duty of the defendant to the plaintiff, if any
What happened
Table 6.1
64
Chapter 6 The Tort System
This OpenStax book is available for free at http://cnx.org/content/col30149/1.5