Civil and Administrative Law Term Paper

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Torts in the Civil Court System

Within the American judicial system it is necessary to differentiate between actions committed by an individual which cause suffering, harm or loss to another person, and those which cause injury to society at large. The latter case, in which a crime affects the general public interest, is encompassed by the expansive United States criminal code, while the more delicate issue of determining liability in personal disputes is covered by the country's civil court system and its unique system of addressing torts. The legal term tort is derived from the Middle English for injury and has become entrenched in common law jurisdictions as a viable means to settle legal disagreements between two parties. Today tort law is the preferred tool with which judges, courts and magistrates apportion responsibility for an array of injurious actions, such as breach of contract, dereliction of duty, negligence, defamation of character and neighborly nuisance.

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In the even that a particular party is found to be liable for unfairly causing the aggrieved party any form of legal injury, tort law typically mandates that damages be recompensed in the form of monetary compensation. This practice has proven especially necessary in instances where a company or corporation neglects to adhere to regulatory statutes, inflicting legal injury on its customer base in the process, by providing ordinary citizens with a direct avenue to petition the court for redress. Another primary mandate of the civil court's system of tort law is to discourage individual negligence by holding a person accountable for carelessness, recklessness or inattentiveness in the social realm by requiring an adherence to the standard of reasonable care.

While the concept of tort law is an undoubtedly an essential pillar of American jurisprudence, its application has garnered an increasing amount of controversy in past decades as unscrupulous attorneys….....

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