Civil Actions

Negligence, intentional torts, and strict liability are all forms of tortious conduct for which the law recognizes grounds for a civil lawsuit. The word "tort" comes from the Latin word "tortus," which means twisted or wrong. "Tort" has come to mean a private or civil wrong for which the court will provide a remedy in the form of an action for damages (Black's Law Dictionary 1489). Thus, while some torts may also be crimes (defined as offenses against the State or United States (Black's Law Dictionary 370), examples of which would be battery and trespass, among others), tort law is concerned only with giving relief for the damages incurred by the injured party (Legal Information Institute n.p.). These damages include the power to enjoin the tortious conduct or the power to seek monetary damages (Legal Information Institute n.p.)

Damages in civil actions are usually apportioned between compensatory damages and punitive damages. As the United States Supreme Court stated in State Farm Mutual Insurance Company v. Campbell, compensatory damages are "intended to redress a plaintiff's concrete loss" (123 S.Ct. 1513 (2003)), thus they are computed based on factors such as lost earnings or lost earning capacity, pain and suffering, and present and future reasonable medical expenses (Legal Information Institute n.p.). In some cases, however, jurors may award punitive damages. These damages are intended to punish the tortfeasor based on the degree to which he breached h

Related Essays

RICO & Civil Actions This research paper discusses the st .... Statute of Limitations. RICO does not contain any statute of limitations on criminal or civil actions. In Agency Holding Corp. v .... (1970 8 )

Civil RICO Actions This research paper discusses the st .... Statute of Limitations. RICO does not contain any statute of limitations on criminal or civil actions. In Agency Holding Corp. v .... (1970 8 )

Potential & Difficulties of Effective UN Actions .... In other cases, however, including the current civil conflict in Yemen .... and Bosnia) of practical difficulties in undertaking international actions to control .... (1956 8 )

Thoreau on Civil Disobedience .... of Thoreau and Martin Luther King but because the nation started with an act of civil disobedience in the Boston Tea party and similar actions against British .... (768 3 )

JUST WAR, REVOLUTIONS, AND CIVIL CONFLICT Intro .... Assessment of Selected Instances of Revolutionary In the modern era, revolutions and civil wars are largely guerrilla actions. Guerrilla .... (2843 11 )

Category: Government - C