Criminal Law and Procedure [USA] by D. Hall

By D. Hall

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By D. Hall

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Sample text

To prevent anarchy and thereby increase freedom, people establish governments that have the authority to regulate behavior. The paradox is that too much government can be as much of a threat to freedom as too little government. To achieve greatest freedom, a delicate balance between governmental authority and individual liberty must be struck. See Exhibit 1–2. The forefathers of the United States were sensitive to this relationship when they met in Philadelphia to draft the Constitution of the United States.

Damages are monetary compensation for loss. Tort law is a branch of civil law that is concerned with civil wrongs but not contract actions. You have likely seen television ads for personal injury attorneys. These attorneys are practicing in the tort law area. A civil wrong, other than a breach of contract, is known as a tort. Torts are different from contracts in that the duty owed another party in contract law is created by the parties through their agreement. In tort law, the duty is imposed by the law.

In these situations liability exists even though the tortfeasor acted with extreme caution and did not intend to cause harm. An example of a strict liability tort is blasting. Whenever a mining or demolition company uses blasting, it is liable for any injuries or damages it causes to property, even if the company exercises extreme caution. Damages that are awarded (won) in a lawsuit to compensate a party for actual loss are compensatory damages. Compensatory damages do just what the name states—compensate the injured party.

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