Tort Law and Civil Trials: The Protections of Americans | Teen Ink

Tort Law and Civil Trials: The Protections of Americans

November 3, 2018
By Augustishappytoday BRONZE, Worcester, Massachusetts
Augustishappytoday BRONZE, Worcester, Massachusetts
3 articles 0 photos 0 comments

Americans are protected by many laws. Some of these laws are contained in the U.S. Constitution.  Other laws are as a result of statutes that are enacted by the lawmakers. Two of the basic protections Americans have is because of their tort laws and their criminal justice system. In certain tort cases, a jury is a right and also serves the function of protecting ordinary American citizens. A tort refers to an act of wrongdoing that is done by one party to another, or to the property of another. A tort is a civil matter, meaning it is part of the law that deals with disputes between private parties, whereas criminal laws regulate crimes or wrongdoings and are prosecuted by the government. As a result of the tort laws, the injured party has the right to take civil action against the other party. Tort law is the law which protects the basic rights of all the Americans. On the other hand, a civil trial is also a way of protecting citizens. It supports any ordinary Americans to speak in front of all the justice systems and provides citizens with more reasonable solutions on the court.

Tort laws benefit citizens by forcing people to be responsible for their actions, because they may have to pay substantial sums of money if they are found to have committed a tort. Hopefully, these laws make everybody more careful about their actions. It suggests that no matter who does anything wrong and damage the benefits of any American citizens, he must take the responsibility to the damage of the citizen that he hurts. Tort law protects all Americans by making everyone responsible for their actions. One classic tort law case is Liebeck v. McDonald’s. Stella Liebeck, a 79-year-old woman, got burned by McDonald’s coffee which she spilled on herself in 1992. The coffee, served by McDonald’s, was extremely hot and caused a third-degree burn. Liebeck was injured very badly and suffered much pain, which was caused by the hot coffee. She had to stay in the hospital for eight days and even had to endure the pain that treatments like skin grafts caused her. According to the case,   it took her two years to recover from her injuries. Stella Liebeck went to the court and got protected by the tort laws. The coffee that McDonald’s offered was 30-40 degrees hotter than the normal coffee, and therefore, her lawyers argued that the coffee was defective. The jury believed what Stella Liebeck and her witnesses said. Consequently, the jury said that McDonald’s was responsible for the injuries of Stella Liebeck. She was t awarded about 2.7 million dollars, by the jury, for being put in harm’s way by McDonald’s. Even though the Judge reduced the amount of money awarded to Stella Liebeck, she collected a substantial sum, and so this case is an example of tort law in America protecting a customer and holding a big company, like McDonald’s, responsible for his negligence..

Civil trials offer Americans the chance to have a voice in the civil justice system so that people are not wrongly injured or have their property wrongly damaged by another party without there being consequences. In a civil trial, the jury examines the evidence and make the decision whether the defendant should be responsible for the damages of the plaintiff or not. The system helps to promote fairness. In most tort cases, the plaintiff’s lawyer agrees to get paid from the money they collect from the defendant, so this means that citizens without much money will be able to bring a civil case against another citizen or against a company like McDonald’s. This is considered such a basic right in America because it stems from the 7th Amendment to the U. S Constitution. The 7th Amendment says that “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…..”  Since this Amendment was written over two-hundred years ago, Congress has increased the amount in controversy from $20 to $75,000.

Americans also have protections and basic rights if they are accused of crimes. The definition of tyranny is the dominance of government and the oppression of people. In a tyrannical system,  absolute power is given to the leaders and citizens have little or no rights. In the U.S. Constitution, there is also Amendment VI, which says that : “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” Being included in the Constitution, the highest law in America, the right to an impartial jury trial guarantees citizens’ basic rights. Americans are protected from a tyrannous government by their rights to both civil and criminal trials. The right to jury trials, in criminal cases under the 6th Amendment, and in civil cases protected by the 7th Amendment, gives citizens power and in having the right to present a case, the citizen can have a real chance to influence the final result. During civil trials, a peaceful and fair solution of problems is the goal.  Ideally, the results are fair to both plaintiff and defendant. During criminal trials, the accused has many protections, and it is up to the government to prove its case because the defendant in America is presumed innocent until proven guilty.

Tort law and civil jury trials play an important role in the American justice system. And the criminal justice system and the right to a jury trial in criminal cases play an equally important role for citizens accused of crimes by the government. Civil trials ensure the rights of Americans in that they protect them from damages. Criminal trials help to maintain justice and prevent tyranny. As stated, civil jury trials and criminal jury trials are recognized by the founding fathers and are seen as fundamental rights of American citizens. All Americans benefit from jury trials, both civil and criminal. Under these protections, all the citizens have a better living environment in which a more harmonious society is formed. Thus, tort law and civil trials, as well as the criminal laws and the right to an impartial jury in a criminal case, are indispensable parts of the America justice system and protection for everybody in this country.


The author's comments:

This is an article that I introduced the importance and function of tort law. 


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