Sample Law Paper on Tort and Criminal Law
For anything to be termed a wrong doing, a complainant must have justifiable evidence beyond doubt and be able to convince a jury that a defendant had the ability or intention to cause harm to him or her. In the course of proof that the defendant is accountable for his actions, he or she has to face the full wrath of law (Foote and Lareau 172). This will depend on the case at hand. For instance, if it is an assault, the civil law will handle the defendant’s case accordingly and ensure justice is upheld. Similarly, when it is both an assault and battery, it will account to both a civil wrong and crime. In a case that both an assault and battery are committed, the bottom line remains that there was an intention to cause bodily harm (Foote and Lareau 172).
Civil assault and battery are all wrongs done against a person. The torts usually arise from negligence of a person’s role to another. Simply, if an individual is liable to negligence of duty or tort, he or she is concurrently a culprit of committing a tort. Consequently, this obviously will lead to the capacity of the civil law to give the tortfeasor the charges leveled on the wrong found. Conversely, if the same person who is the tortfeasor has committed a criminal assault and battery, an attorney or jury will have to prove the crime committed beyond reasonable doubt and comply with the state laws to give the person the deserved penalty in the court of law (Castillo 39). Therefore, this means that it is accurate and fair for a person to be charged for both criminal and civil wrong provided that there is proof beyond reasonable doubt (Castillo 39).
Castillo, Melissa L. “Not So Simple: How Simple Assault and Battery Became Distorted in the Context of Crimes Involving Moral Turpitude.” Washburn Law Journal, vol. 55, no. 1, 2015, p. 39.
Foote, William E., and Craig R. Lareau. “Psychological Evaluation of Emotional Damages in Tort Cases.” Handbook of Psychology, edited by Irving B. Weiner and Randy K. Ott, vol. 11, Wiley, 2012, pp. 172-200. doi:10.1002/9781118133880.hop211008.