One of the common headaches experienced by emergency physicians when dealing with the law is as a result of odd and unfamiliar nature of the technical terms used by courts and lawyers.
Like every other specialty, the law has its own jargon, and an understanding of its commonly misunderstood terms and concepts is the first step towards demystification of the legal process.
Then first important concept to clarify is the difference between what are called Civil Tort Laws and those which are called Criminal laws.
Civil Tort Law and Criminal Law represent two distinct branches of the legal system, each serving different purposes and applying different standards.
Criminal Law
Criminal law addresses actions that are considered offenses against society as a whole. The state prosecutes the offender, seeking to impose penalties such as imprisonment, fines, or community service. Here, the focus is on guilt versus non-guilt. The standard of proof in criminal cases is “beyond a reasonable doubt,” a much higher threshold than in civil cases, reflecting the severe consequences of a criminal conviction.
The concepts of “guilty” and “not guilty” are foundational to the criminal justice system, reflecting the legal determinations made during a criminal trial. These terms are deeply intertwined with what is called “the burden of proof,” which is a crucial aspect of ensuring fairness and justice in the legal process. Understanding these terms “Guilty vs. Non Guilty” and the associated burdens of proof required to prove guilt or non-guilt is essential for appreciating how the legal system functions to protect the rights of individuals while upholding societal order.
Civil Tort Law
Now that we have unpacked the concepts of criminal law, the findings of guilty versus non guilty and the notion how the burden of proof must be met by the state in order for the court make a ruling in the defendants legal case, lets contrast this with the other major branch of the law, civil tort law.
Civil tort law (or “torts” for short) deals with wrongs committed by one individual or entity against another, resulting in harm or loss. The root of the word “tort” is from the Latin “tortum”, which means “an injustice, or a wrong.” A specialized use of the word brings us “tortus, or tortous”, which means “wrung or twisted.”
The Early French language added to this the “injury, harm, wrong, or injustice.” English law added to it the specific legal sense of “breach of a duty, whereby someone acquires a right of action for damages” around 1580.
As interpreted by English Law, which is of course the place from which an enormous portion of United States law is drawn, the primary goal of tort law is to provide a remedy to the injured party, usually in the form of monetary compensation.