Criminal Law vs. Tort Law

This essay analyzes the differences between criminal law and tort law. It begins by summarizing the shared goals of both legal systems: recognizing wrongdoing and providing redress. However, it highlights key distinctions. Criminal law focuses on punishing offenders for acts against society, while tort law aims to compensate victims for harm caused by the wrongful actions of others. The essay uses the example of a reckless driver to illustrate these differences. In a tort case, liability depends on the outcome (accident or not), while in criminal law, liability exists regardless of the outcome, focusing on the act itself. The essay also notes differences in burden of proof and the origin of legal principles. Criminal law requires proof of criminal intent, while tort law considers accidental actions. The essay concludes by emphasizing the distinct purposes and procedures of each legal system.

Running head: CRIMINAL LAW VS. TORT LAW
CRIMINAL LAW VS TORT LAW
[Document subtitle]

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CRIMINAL LAW VS. TORT LAW
Summary of Criminal Law vs Tort Law
Generally, the purposes of criminal law and tort law are very similar as both are used to recognize the wrong
doers and take corrective measures against them and they are used to disapprove self-help. Criminal Law
provides basic protection to society from anti-social acts as this law focusses on the individual committing the
wrongdoing. Therefore, in criminal law, the monetary value involved is not the issue but the existence of tort
law to compensate for the financial harm faced by victim is the main concern. Tort are considered as the
general criterions for civil conduct which include cases like contract law, property law, family law etc. This
law focusses on the ways to improvise the financial harm of the victim and his entitlement to compensation for
breaching the duties owed to him beyond contract law, property law and contract law. Unlike Criminal law,
there is no such assumption of existence of criminal law in Tort law (Stephen, et al., 2014).
Analysis of Criminal Law vs Tort Law
In order to analyze the criminal as well as tort law, we take the example of a driver who takes a blind
round curve at excessively high speed. In case of Tort Law, if that turn results in a collision with another
oncoming car, he needs to pay the damages and if no car is there, he might save those expenses. In case of
Criminal law, the driver has to pay the liability in both the cases as the main aim of criminal law is to put
sentenced criminals behind bars, or to label those condemned of a wrongdoing as criminals (ETUK, A.
G. Legal Foundations and Practices). Criminal cases asks the defendants to show and prove their
innocence while tort cases ask victims to evidence the actions of defendants which has resulted
in their wrong or injury. Also, the laws related to tort are passed down from one generation to
another with minute alterations while the laws related to crimes are derived from orders. It is
very important to prove the criminal intent of the defendant in criminal cases while, the actions
that are accidental may not give enough harm and may be turn out to be favorable for victim in
laws of tort.

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CRIMINAL LAW VS. TORT LAW
REFERENCES
ETUK, A. G. Legal Foundations and Practices: Vocational-Technical Education in Perspective.
Stephen, J. F., & Smith, K. J. M. (2014). Selected Writings of James Fitzjames Stephen: A
General View of the Criminal Law. Oxford University Press, USA.
What is the difference between tort law and criminal law?. (2017). Reference. Retrieved 2
February 2017, from https://www.reference.com/government-politics/difference-between-tort-
law-criminal-law-39e4446200a62b24