Essay On Crime And Tort

746 Words2 Pages
bulb-icon

Recommended: Which of the following is correct regarding difference between tort and criminal law

In law, there are various terms used by the legal system to determine the type of statue, its fundamentals, and its consequences. Having the law in place assures that all individuals not only have rights, but also have specific duties to uphold the law. Crimes, which may include or exclude violent force, are offenses against the public at large. Alternatively, a wrong-doing against a person’s physical wellbeing, property, or reputation, is called a tort. In the essay below, I will discuss examples of crimes and torts, and have they may differ from each other. First, a tort discussed in the Essentials of Business Law book is negligence. Failing to exercise reasonable care to protect others from risk or harm is considered negligence (Luizzo, 2016). Recently, due to the success of cases against negligent individuals and business, it has become a more common practice. For example, a person may now be more encouraged to sue a company due to an injury caused by a certain product. However, even when it’s not an …show more content…

Based on the seriousness of the offense, a crime may be broken down as treason, felony, or misdemeanor. Although criminal offenses generally result in imprisonment, corporations tend to be punished through fines. In business, crimes that “typically do not involve force or violence committed by and against businesses” (Luizzo, 2016, pg. 38) are white-collar crimes. As Luizzo states, originally these write-collar crimes were committed by the employer’s employees. However, in recent years, it has also been applied to crimes committed by the business or against other businesses (Luizzo, 2016). For example, money laundering is a white-collar crime where business executives may disguise or hide the company’s money assets to make the business more financially successful. Regardless of whether there is or isn’t violence, these violations of the law are considered

Show More
Related

  • Tort Case Study In Common Law

    982 Words  | 2 Pages

    Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).

    Read More

  • Essay On Crime In America

    704 Words  | 2 Pages

    A crime can be as little as stealing a loaf of bread from a bakery, and as big as murdering a person. A crime can put a person in jail for a couple months, years, or even sentenced to life. Crime has a major effect on society because it declines faith in humanity. It can destroy a neighborhood's, state's or country's own reputations and well-being. A person's life could be ruined through a crime.

    Read More

  • Legal Essay

    683 Words  | 2 Pages

    The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.

    Read More

  • White collar and corporate crime

    555 Words  | 2 Pages

    White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.

    Read More

  • Assault Battery And Crime Essay

    1113 Words  | 3 Pages

    after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong

    Read More

  • Larceny Essay

    2503 Words  | 6 Pages

    Larceny is that the transport of products or cash to a person without his consent, with intent to deprive permanently control and physical possession of the commodity or money. This crime needs carrying or moving stolen product , even if only a really slight one. It conjointly needs the legend of the property , declarative asserting . The intent to permanently deprive the victim of the property is important element of the crime and distinguishes it from an outlet with the intention therefore simply take the property. If larceny is committed by use of violence or threat of violence , crime is named theft. robbery also includes certain specialised categories like carjacking . wherever robbery needs the use of violence or threat of immediate violence, a separate crime referred to as extortion is a theft that's done under the threat of future violence or alternative future damage .

    Read More

  • Crime And Punishment Setting Essay

    1097 Words  | 3 Pages

    It is clear that where you are brought up will shape and form the person you become. A simple example is how you speak. Comparing someone from the Georgia and Colorado; there’s a distinct difference in their pronunciation, and tone. People pick up mannerisms from those they’re surrounded by. This is also very noticeable in one’s ideas, and the way they act. Generally those from the South are thought to have more conservative views than someone from the West Coast. Who you are as a person is greatly influenced by setting you reside in. Fyodor Dostoevsky uses the setting in Crime and Punishment, to suggest that where, and how we live will change and influence who we are and the choices we will make. Dostoevsky uses the living conditions to demonstrate the different ways their environment affects characters such as Sonya, and Svidrigailov. Then through the social and cultural reform during the 1860’s in St. Petersburg, which is where Crime and Punishment is set, to demonstrate the mindset Raskolnikov carries when he commits the murder.

    Read More

  • Examples Of Tort Of Negligence

    1171 Words  | 3 Pages

    Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to

    Read More

  • Deviance To Crime Essay

    1458 Words  | 3 Pages

    Life is a series of good and bad for all individuals, but some cannot always handle the pressure. As a result, these individuals begin looking for alternative methods to obtaining their goals and achieving happiness and positivity in life. A common solution to inequality of power, prestige, and property is to deviate from the norms and risk getting to caught to obtain more resources and wants.

    Read More

  • Prosecutors Essay

    666 Words  | 2 Pages

    Prosecutors are important in the workings of the American judicial system. They play a half of the two part adversarial system that we use during trials. The prosecutors are attorneys that represent the interest of the government. This means that when they prosecute a case they are not representing the victim, but all of the people in the state or country because such crimes are considered to be against the general populace.

    Read More

  • White Collar Crime Essay

    603 Words  | 2 Pages

    White collar crime was first defined by an American sociologist from Nebraska, Edwin Sutherland, in 1939. He defined it as “A crime committed by a person of respectability or of high social status in the course of his occupation”. Now days, it is defined as “A crime that is financially motivated non- violent and committed by business or government professionals.” White collar criminals do not use violence to obtain the money but instead they use deceit and concealment, they misuse their power and trust. It is often seen as a less serious crime although we hear about these types of crime in the news all the time. The most common types of white collar crime are embezzlement, tax evasion, money laundering.

    Read More

  • Crime and Punishment Essay

    753 Words  | 2 Pages

    By the end of Dostoyesky’s Crime and Punishment, the reader is no longer under the illusion of the possible existence of “extraordinary” men. For an open-minded reader, and even perhaps the closed-minded ones too, the book is a journey through Raskolnikov’s proposed theory on crime. It is a theory based on the ideas that had “been printed and read a thousand times”(313) by both Hegel and Nietzsche. Hegel, a German philosopher, influenced Dostoyesky with his utilitarian emphasis on the ends rather than the means whereby a superman existed as one that stood above the ordinary man, but worked for the benefit of all mankind. Nietsche’s more selfish philosophy focused on the rights to power which allowed one to act in a Hegelian manner. In committing his crime, Raskolnikov experienced the ultimate punishment as he realized that his existence was not that of the “extraordinary” man presented in his theory. In chapter five of part three in Crime and Punishment, this theory is outlined by its creator, Raskolnikov. Such an innovative theory would clearly have placed him in the “extraordinary” category, but when he fails to meet its standards, by submitting to the common law through his confession, the theory crumbles right before the reader’s eyes.

    Read More

  • The Pros And Cons Of Crime

    1216 Words  | 3 Pages

    Crime and society are inseparable since time memorial. They are interrelated. Dating back the history, it is an undaunted fact that ever since human beings started living together commission of crime erupted” (Patel, 2011). Since the time of the Founding Fathers of the United States fought for their freedom from England, they had a vision of what the United States could be. To ensure their vision would come to fruition they developed the Constitution as well as a Bill of Rights to ensure the people had rights that could not be taken from them. To bring social order to the communities the government then implemented laws to ensure there would be punishments for the actions of the citizens. Over time society has also determined a sense of morality and these morals change determined by the culture of the area that one may come from. America is a melting pot of many different cultures, nationalities, religions, and people. With in these different demographics of the nation the morals and values that some may consider the “unwritten laws” of the land will change. One must now determine when these laws that imposed by the government and also their culture, what is crime. Some would say that any violation of either laws would be considered criminal activity, while others would say that defiance of only the laws of the government is criminal activity. Who is correct? Does it have to be one or the

    Read More

  • Essay On Unlawful Conduct

    763 Words  | 2 Pages

    What is the definition of unlawful conduct? What circumstances and influences impact why certain conduct is considered unlawful, and what sources impact its reform? Unlawful conduct is a broad term and conduct can be considered unlawful in numerous ways. It is influenced, for example, by technological developments, social climate, and economics; as these are forever changing they all have a noticeable effect on what is considered to be unlawful conduct. The methods of law reform are just as broad, there are many organisations which can bring about reform, for example: Parliament, The Judiciary, and Law Commission to name a few. These facets of unlawful conduct will now be discussed in greater detail.

    Read More

  • Legal Essay

    1012 Words  | 3 Pages

    The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.

    Read More

More about Essay On Crime And Tort

Open Document