Law Essay Example: Gilbert Law Summaries

Criminal trial and civil trial

Gilbert law summaries contain a combination that acts as an aid for students while studying. In this particular book, it provides an outline on torts, product liability, and nuisance, survival of tort actions, wrongful death, and immunity. Furthermore, not all offenses are entitled to a jury trial; this is because each jurisdiction has its level regarding the attack. However, every crime that involves incarceration as a sanction has a right to the benefit of a jury trial. Also, regardless of the seriousness of the offense, the court always grants the defendant the right confront any witnesses that may be involved in the formation of charges against a person who is alleged to have done something wrong. Some of this rights include; right to critically evaluate and examine all the witnesses and look at their attendance to the trail by the use of a subpoena.

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Therefore, the burden of proof from all the witnesses one has is what separates a criminal trial from a civil trial which mainly uses torts law. Criminal trials In every jurisdiction in the United States always requires that if a person is found guilty, this guilt will be based on the findings that are beyond reasonable doubt. When a person is convicted, the criminal proceedings also set forth the kind of punishment to be administered basing this from the American legal system. The American legal system is usually governed by the eighth amendment ban on unusual punishment and what mainly used is the application of the capital punishment.

Another aspect one needs to know is that criminal trials in America also looks at the issue of pleas and their effects. There is three types of pleas namely guilty, not guilty and contest. In other federal systems in the US also have a fourth kind of plea known as Alford plea. Once a plea has been rendered in a case, what relatively remains in the proceedings is sentencing and post- conviction relief which are usually undertaken in the courtroom corresponding to the common law.

Torts definition

Torts are the wrongs done or offenses by one person against another, and as a result, the individual who is hurt may take action against the other person. Torts laws are rights and remedies that are usually used by courts in civil proceedings to provide justice to an individual who has suffered in the wrongdoing of another person. Torts are very different from criminal wrongs. It is important to note that most torts usually don't have a definition by statute and are not involved in any criminal culpability.

The source of tort law is to defend the society from chaos by establishing a court in which one individual can be able to bring the claim against another person without looking for private revenge. The law of tort unlike other types of litigations like real property and contract consider this aspect as loss of dignity experienced by an individual bringing a claim for personal injury. The following shows that the sense of humiliation of being exploited or tricked can be a source of the allegation.

Over the years, tort law has touched every aspect of a person's life in the United States. In the economic sector, it has provided remedies for business and protected employees from the intention infliction of distress in their workplaces. In the environmental sector, the tort law has provided remedies against individuals or even companies that pollute the land, water, and air. Torts law also has for primary objectives in its operation. First, it seeks to give the cost of injuries to the person who is legally responsible for inflicting these wounds. Secondly, it aims to compensate the victim of an injury suffered. Thirdly, it seeks to discourage reckless and risky behavior of a person in future. Lastly, it aims to enhance legal rights and interests that have been diminished. All these objectives are paramount in life. Torts law is usually divided into three section namely the intentional torts, negligence torts and strict liability torts.

Intentional tort

Intentional torts are any deliberate interference act which is usually done with the knowledge that something is being done. The following is done with a legally recognized interest against the right to emotional tranquility, seclusion from the public scrutiny, bodily integrity and also right over property and freedom from seclusions. Another explanation to understand intentional torts is for instance something wrong being done by a person against another individually or the person's property. An example of intentional torts is for example battery, false imprisonment, and trespass, invasion of privacy, fraud, conversion, misrepresentation, and intentional cause of emotional distress. When it comes to battery, it usually happens when a person has intentions to create contact then he or she communicate with the other person without consent.

Another important aspect to point out is that in some cases, people seem to put assault and battery together, but they are so different mainly because intent required in a charge or even in a battery is not intent to cause injury but intent to perform the act leading to the battery or assault. For instance, for an assault to occur, all one needs to do is to touch the victim without their consent. Also, there is usually battery in unique situations ranging from medical to domestic violence case. A medical battery can occur when a doctor performs a procedure which none- emergency without having consent. When it comes to trespass, this happens when a person has the intent to be, for instance, a land that is not their land and they do trespass without consent.

To know that intentional tort has been committed and that someone is liable for the tort, then there must be proof that the person did commit the tort and that an injury occurred causing a particular damage. Under these circumstances, there are usually ways under intentional tort used as the form of defense. Some of this defense include self-defense, consent, a privilege of arrest by law enforcement officials and right of discipline by a guardian and protection of the land. These affirmative form of defense must be proven by the person administering them against the person causing damages. Also, once the person has shown this affirmative defense being legal, then the blame is shifted to the individual who has caused injuries. Furthermore, the burden of proof vary from jurisdiction but is also usually by a preponderance.

Tort of negligence

The other type of tort is known as the negligence tort. The negligence tort is mainly an unexpected occurrence where a person who is the wrongdoer allows his behavior to fall below the required standard of the law and in the process, violate the duty of caring for the sick or injured person. Therefore, negligence tort is not a deliberate action but only occurs when a person does not act as a reasonable person to someone else whom he or she owes a duty to the individual. The following causes injury or even other damages.

Negligence tort has increased in the recent years due to everyday life circumstances like the use of improved means of transportation, use of more machinery and commercial products being used. Also, use of insurance has also contributed to the growth of this type of tort. Another factor is that negligence tort also has various elements. One element is when a person owes the duty or service of care to the victim in question. The following means that the individual must be close so that one can foresee the care of someone else so as to avoid any damages or even injury.

The second element is that the individual who owes the duty or service must violate the promise or the obligation of the other person. The other element is that an injury must occur due to the violation of the pledge. Another feature notes that the damage that has took place on the victim must be foreseen due to the other person's neglect of not taking care of him or her. For the negligence action to succeed, the burden of proof must show and proof all the elements of negligence tort. Therefore, negligence tort can, therefore, be known as a person's failure to exercise logical and caring acts to someone else. For instance a car accident and slips.