In a nutshell, the reason why these two main branches of law exist is the same as the reason why law exists altogether. These are required to maintain a community with minimum to criminal activity that harms the safety and security of their citizens. At the same time though, the way these are approached is completely different.
No matter what branch of law it is, it almost always directed towards ensuring the protection of the citizens and also at ensuring that the offenders of a certain crime and given the punishment to warn them for future references. The part where tort and criminal law come in to play is the intensity of the crime. The manner in which these crimes are conducted is the reason what identifies how these crimes are treated in the court of law. Following is a brief explanation of two and how both can be handled and managed in the court.
TORT
If you look at it in definitive terms it can be seen as an act that was aimed towards depriving someone of their right. As a result of this not only does the offender go against the community but also against the individual rights of one particular person. Hence, if an offender has committed a crime that directly deprives the victim of their right that is called a tort.
No matter where one resides in the world the hold some sort of a responsibility and relationship with the people around. This may not necessarily be a direct relationship but it is enough to ensure punishment in case on individual harms the rights of another.
CRIMINAL
This is the criminal that not only directly offends a person but more than that goes against everything the law and the state declare offensive. This involves an act that directly violates a rule that has been declared by the state. An example of such a crime is a theft; the people go against another person and also against the law. Hence, a criminal law is one that is shunned by society altogether. This involves more severe forms of punishment unlike tort that can be wavered off in case the person who was offended in the first place.
Hence, it can be concluded that both criminal and tort law are branches of public and private offenses respectively. Both have their own set of rules and regulations that make it easier for not just the offender but also the victim to be able to manage and handle the wrongdoings. While torts give rise to civil obligation, crimes give rise to criminal responsibility.
The above is a very generic understanding of how the two branches of law work. There are basic differences between the two but often when a lot of people are involved it is the state’s decision whether or not they would be dealt with as a tort crime or as a crime altogether. It is important to understand the way both function by the offender, the family of the offender, the victim and the court.
Jamie King is the author of this article. He writes thorough researches and refers to experts found at DJP Solicitors to help people understand the basic difference between the two.
