The liability of one company "can lead companies to institute 'preventative measures' that deter by making misconduct more difficult or expensive for wrongdoers." (110) Civil tort
judgments have the effect of "inducing organizations to develop claims management capabilities" and thereby "improve safety, reduce risk, and increase compliance with external legal requirements." (111) Whether that behavior changes as a consequence of social or moral obligation or because of the desire to avoid liability, the result is the same: deterrence.
Though civil tort
damages have the same types of proximity and certainty requirements as criminal restitution, (198) a civil tort
suit has two key advantages over a criminal restitution hearing, both of which make recovery more likely.
the court of appeal's decision by holding that any civil tort
The remainder of this Essay will criticize the American doctrine of the presumption of innocence and propose a different way of allocating burdens of proof, as well as suggesting different standards of proof in criminal trials or civil tort
Instances of individuals' successfully pursuing civil tort
actions against terrorist tort feasors or their sponsors include:
In a decision handed down last June, a state court of appeals grappled with the issue of whether the doctrine of res judicata precludes spouses from filing civil tort
claims after a divorce petition has been filed.
It can be argued that these cases stand for the general proposition that courts are "not overly interested in civil tort
cases but under extreme pressure to answer the growing question of how trial judges can deal with cases involving hundreds of thousands of claims arising from a single event or line of products."(32) (Emphasis added.) These cases also illustrate the "unique legal, economic and ethical problems" that make it difficult for litigators to find a way to reach settlements in mass tort litigation that are both global and fair.(33)
While complete justice for victims of violence ideally includes criminal prosecution as well as a civil tort
remedy, the failure to prosecute the crime does not negate the value of a civil judgment.
An increase in civil tort
litigation cases has also contributed to the trend toward implementing life safety and security measures in residential buildings.
The authors thoroughly review the validity of injury prevention laws, the role of civil tort
litigation in reducing injury, and the difficulties in objectively measuring whether statutory and common law injury prevention laws really work.
In its response to PCHR's petition, the Israeli prosecution claimed that the filed cases relate to incidents that occurred in the context of a clear military operation (Operation Cast Lead), which the Israeli military was forced to launch according to decisions taken by the government of Israel (a military operation, according to the Israeli Civil Torts
- Liability of the State -- Law of 1952, provides complete impunity against damage claims).
They face allegations that they ignored human rights contraventions under an obscure 18th century legislation - the US Alien Civil Torts
Act - that allows citizens of foreign countries to sue in an American court any company doing business with the US.