tort

(redirected from Civil tort)
Also found in: Dictionary, Thesaurus, Legal, Financial, Encyclopedia, Wikipedia.

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 ?
136) The clash between the pale concept of a tort and the reality of human rights abuses has led to criticism that civil tort litigation is an improper substitute for criminal prosecution.
Far more than a stand-in for criminal law prosecutions, civil tort litigation is a complementary procedure, which allows victims of human rights abuses to initiate and control private actions.
8) In some civil law systems, criminal prosecution and civil tort litigation are less sharply segregated.
3) To react in any way to such a civil tort judgment would be an affirmation of a tort system that we believe to be problematic.
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.