(Montaldo, 2018). Misdemeanors are crimes committed but do not come near to the severity of felonies. While aggravated assault is considered a felony, if you slap someone in their face, which is simple battery, that would be considered a misdemeanor. Misdemeanors can easily turn itself into felony. For example, if you drive while under the influence of alcohol, that would be considered a misdemeanor, but if you injure or kill someone, you can now be charged with a felony. In a court of law, a monetary amount, referred to as damages, are awarded to a party if they have been injured or suffered loss from the wrong-doing of another party. In a tort action, damages are to restore an injured party to the position he was in before being harmed, and, in a contract action, to place the innocent party in the position he would have been in had the contract been performed (Hosseini, 2013).
What is a tort? A "tort" is a wrongful act that causes harm to someone else ("What are Intentional Torts?"). Typical intentional torts include Battery, Assault, False Imprisonment’ Intentional Infliction of Emotion Distress, Fraud, Defamation, Invasion of privacy, Trespassing, and Conversion. ("What are Intentional …show more content…
1) there is duty owed by one person to another 2) a breach of that duty 3) that was the actual cause and 4) that was the proximate cause of 5) an injury (Morgan, 2015). Negligence is when you fail to exercise due care or the degree of care that an ordinary and reasonable person would normally exercise, over their own property or under the circumstance (Morgan, 2015). Strict liability is a concept mainly applicable to civil law. It’s a way of holding someone accountable for behavior regardless of fault (Schwartzbach). Even if the intention is not to hurt, harm or injure, there is strict liability, and this may also be applicable to leases and sales. (Morgan, 2015). In criminal law, strict liability laws punish people regardless of their state of mind—the prosecution doesn’t need to prove that a defendant intended to do something that's illegal