tort

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tort

Etymology: L, tortus, twisted
(in law) a civil wrong, other than a breach of contract. Torts include negligence, false imprisonment, assault, and battery. The elements of a tort are a legal duty owed by the defendant to the plaintiff, a breach of duty, and damage from the breach of duty. A tort may be constitutional, in which one person deprives another of a right or immunity guaranteed by the Constitution; personal, in which a person or a person's reputation or feelings are injured; or intentional, in which the wrong is a deliberate act that is unlawful. Many other kinds of torts exist. tortious, adj.

tort

Law & medicine An act deemed unlawful and capable of triggering a civil action; the wrongdoer–tortfeasor may be held liable in damages. See Malpractice, Negligence Opthalmology verb To rotate an eye on its anteroposterior axis.

tort,

n civil infractions (except for breach of contract) that result in injury entitling compensation. Includes but is not limited to trespassing, negligence, and defamation.

tort,

n a legal wrong perpetrated on a person or property, independent of contract.
References in periodicals archive ?
4) To fail to react to a civil tort judgment could be seen as an admission that we do not care about the well-being of our customers.
The distinction is central to the thesis of this Essay and the proper allocation of the burden of proof production between the prosecution and the defense, as well as between the plaintiff and the defendant in a civil tort action.
Therefore, according to the general principle that the party to a legal dispute in the best position to offer evidence on any given subject should have the obligation of producing it in order to ensure accurate findings of fact by the trier-of-fact, the defendant should have the burden in both criminal and civil tort proceedings of producing evidence as to his state of mind and as to any excuse defenses which raise the issue of his culpability.
A Proposal for Reallocating Burdens and Standards of Proof in and Civil Tort Cases
This proposal attempts to lighten the burden of prosecutors and plaintiffs in proving a prima facie case in criminal and civil tort cases, while imposing on the defendant the duty of producing evidence regarding the defendant's mental state at the time of the incident, mens rea, intent, recklessness, or negligence and regarding any excuse or affirmative defense he may have, once the prosecutor/plaintiff has made its prima facie case.
3) The standard of proof in both criminal and civil tort cases should be CACE on the part of the prosecutor/plaintiff as to all of the elements of the crime or tort; and it should be BAPOTE on the part of the defendant for those affirmative and excuse defenses which do not involve the issue of culpability, but rather some other policy goal (e.
imprisonment after a criminal conviction or an award of money damages after civil tort judgment.
Civil tort lawsuits for international human rights violations have been largely confined to the United States.
125) As to jurisdiction over civil tort suits, the relationship is also satisfied by the international community's shared interest in holding accountable those who violate international human rights norms.
Some argue that universal jurisdiction applies in full to civil remedies, which would obligate States to permit victims of human rights abuses to litigate civil tort cases.
The emerging principles establishing the rights of victims of human rights violations, coupled with the ancient concept of universal jurisdiction, may, therefore, lead to development of a principle which obligates States to offer victims the option of seeking civil tort remedies.
This puts them at considerable financial risk for civil tort lawsuits, even if medical information is leaked inadvertently.