Tort - Frequently asked questions

FAQ

 


Q. What does "tort" mean?
A. Tort (French for "wrong") refers to a class of civil wrongs to private person(s) or property for which one sues in civil court for money damages. This is in contrast to "crimes" which are wrongs against the public or society and are tried in criminal court.

 
Q. Can a tort also be a crime, and vice versa?
A. Yes. In fact, while it has been common for victims to bring charges in civil court to try and recover damages after a guilty verdict in criminal court, victims are increasingly bringing civil suits independent of the verdict in criminal court. Malpractice cases involving "gross negligence" are more likely to also result in criminal charges against the physician.

 
Q. How is "gross negligence" different from "negligence"?
A. While negligence (or "ordinary negligence") commonly refers to the omission or commission of an act that a reasonably prudent person would or would not do under similar circumstances, gross negligence usually indicates intentional failure to perform as would a prudent person. Gross negligence is therefore usually an intentional tort (types of torts are more fully explored in the next section).

 
Q. When a case is tried in both civil and criminal court, doesn't that represent "double jeopardy"?
A. No. The court system and the paradigms of law considered in each are different. For example, the agency bringing the charges (a person or group in a civil case, the state/government in a criminal case) and the potential penalty (loss of life or liberty in criminal court, some financial penalty in civil court) are very different.