Name: 第1.1篇什麼是侵權行為？以及什麼是Torts不是。 (Episode 1.1: What is Torts? And what Torts is not.)
Uploaded: 2021-01-14T07:10:32.000Z
Duration: 10 min 20 s
Description: 【看影片學英語】數萬部 YouTube 影片，搭配英漢字典即點即查，輕鬆掌握單字發音與用法，長久累積看電影不必再看字幕。

A tort is a wrongful act, other than a breach of contract,

that results in injury to another party's person,

and which is recognized by statute or common law

In other words, torts is the law of civil wrongs.

Now, this definition raises some important distinctions

that are worth addressing before we move on.

tort law provides for civil rather than criminal liability.

having to do with, one, who the parties are--

Three, the applicable standard of proof--

preponderance as opposed to beyond a reasonable doubt.

Four, the consequences for the defendant--

civil damages as opposed to criminal penalties.

And five, the procedural rules that apply--

civil procedure as opposed to criminal procedure.

First, torts are disputes between private parties.

In a tort action, the injured plaintiff brings suit

whereas in a criminal action, the prosecutor,

The injuries on which a claim of tort liability is based

might also form the basis of a criminal action.

by different parties, and would proceed separately.

was tried by a prosecutor on two counts of murder--

People of the State of California v. Simpson--

He was also sued by the families of Nicole Brown Simpson

represented by the prosecutor v. defendant,

and tort suits are plaintiff v. defendant.

Second, notice that the possible outcomes

In tort suits, the defendant is liable or not liable.

Third, the standard of proof is different.

In a criminal case, the standard of proof

the standard of proof, with a few narrow exceptions,

The preponderance standard has been interpreted

to mean that the finder of fact must be convinced

Some courts have quantified this as more than 50% likely.

The difference between the civil and criminal

standard of proof might explain the divergence

between the criminal and civil Simpson cases.

Fourth, the consequences for the defendant are different.

In a tort suit, if the defendant is found liable,

Though, in some cases, equitable relief may be available,

meaning that the court can issue an injunction,

ordering the defendant to take or refrain from certain actions.

Civil damages are paid by the defendant to the plaintiff.

Finally, the procedural rules are also different

meaning civil procedure as opposed to criminal procedure.

There are two types of law that can form the basis

of civil liability-- common law or statutory law.

When you think of law, you probably think

the State Legislature, or the City Council--

Sometimes, these statues include private causes of action,

meaning that the statute includes a provision

allowing private parties to sue each other

to enforce the rights recognized in that statute.

For example, employment discrimination law

Those statutes typically create private causes of action,

that they have been discriminated against

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第1.1篇什麼是侵權行為？以及什麼是Torts不是。 (Episode 1.1: What is Torts? And what Torts is not.)

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