1. What are the differences between the burden of proof in a tort case and the burden of proof in a criminal case? In a civil, tort case, the burden of proof is a of the . or more likely than not. In a criminal case, the | burden of the proof is doubt. This does not mean beyond a shadow of a doubt. 2.What are the differences between tort and criminal law? A tort is a civilly addressed wrong rather than a criminally addressed wrong. Thus, a is tried in civil court, and a is tried in criminal court. Who brings the lawsuit is another way in which torts and crimes are different, ie. an individual versus the people. However, some acts can be both a crime and a tort, as in the case of assault and battery. In addition, the end result of a tort lawsuit and a criminal lawsuit are different. In a tort lawsuit, the defendant may have to pay monetary damages. In a case, the defendant may have to serve jail time and/or pay a fine. QUESTION 5 1. How is tort law made? Tort law is made-up of common law, statutes, restatements of torts, and the constitution. Common law is made-up of hundreds of years of I decisions. are laws passed by the legislature and include constitutions, Acts of Congress, state laws, and county or city ordinances. The American Law Institute is the publisher of the restatement ofl . The restatements of torts are comprised of the different principles of tort law. The restatement of torts is a set of reference books, which many courts refer to when formulating decisions. The Second Restatement is the most widely used edition, with the Third Restatement being the next most widely used edition. Finally, the United States Constitution, the amendments to the constitution, and the cases interpreting the constitution also make up part of tort law, especially tort law related to whether certain words constitute free speech or defamation.QUESTION 6 1. What are the major purposes of tort law? Some of the major purposes of tort law are to a plaintiff, who may not be in the best position to bear the cost of an injury, to render justice, and to deter from committing wrongs in the future. Answering who is in the best position to bear the cost of the is probably the biggest purpose of tort law. One of the motivations of tort law is fairness. It seems only fair that the plaintiff be restored, as closely as possible, to the position she was in before she Was . By having the defendant pay for the plaintiff's injury, the government is also less likely to have bear the costs of the injury if the plaintiff would have required governmental assistance otherwise. QUESTION 7 1. What are the elements that comprise negligence? Duty, causation, and are the elements that comprise negligence. In order to have a tort, the defendant must have had a duty to the . Second, for a tort to have occurred, the defendant must have the duty he had to the plaintiff. There must also be between the defendant's act and the resulting injury to the plaintiff. Finally, the plaintiff needs to show some damages in order to recover under most torts. QUESTION 8 1. What are the major categories of torts? Differentiate between them. The three major categories of torts discussed in the chapter are: negligence, intentional, and liability torts. Negligence is an accident and does not require thought in order for someone to be held liable for it. Intentional torts do require in order for someone to be held liable for them. With strict liability, the intent to injure someone does not have to be there because the activity is so outrageous, that the defendant should be found liable for having engaged in the activity.