The Law of Tort

Civil law

Criminal Law

The aims of the criminal justice system are to:

· prevent and reduce crime where possible;

· help victims;

· ensure that those suspected, accused or convicted of crimes are dealt with fairly, justly and with the minimum of delay;

· convict the guilty and acquit the innocent; and

· punish suitably those found guilty and discourage further offending.

The effectiveness of the system in England and Wales was examined by a Royal Commission on Criminal Justice between 1991 and 1993 and a number of significant recommendations for change were made. Some of these were addressed by the Criminal Justice and Public Order Act which, together with the Police and Magistrates' Courts Act, formed a major part of the Government's legislative programme in 1994.

Further important legislation introducing a Criminal Cases Review Commission in England, Wales and Northern Ireland, and enhancing the powers of the criminal justice agencies in Scotland was enacted in July 1995.

The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and non-contractual wrongful acts suffered by one person at the hands of another (torts). It also includes constitutional, administrative, industrial and maritime law. Scottish civil law has its own, broadly similar, branches.

The main sub-divisions of civil law are:

o family law, which includes the laws governing marriage, divorce and the welfare of children;

o the law of property, governing ownership and rights of enjoyment, the creation and administration of trusts and the disposal of property on death;

o the law of contract, which regulates, for instance, the sale of goods, loans, partnerships, insurance and guarantees; and

o the law of torts, which governs injuries suffered by one person at the hands of another - for instance, negligence, libel and malicious prosecution

Torts include wrongs such as negligence, defamation, malicious prosecution and nuisance. If these legal rights have been infringed, a plaintiff can sue for compensation in a tort action.

An example of a tort is libel. Here, the plaintiff must prove to the court that the statement concerned was defamatory. Equally, the defence can produce evidence that the statement is true in substance and in fact. The court takes a decision and, if the plaintiff is successful, damages can be awarded.

One of the most important tort actions is that for negligence, when a person fails to live up to an expected standard of care and someone is injured as a result. This can cover physical damage or financial loss.

Дата добавления: 2014-12-17