What a tort is, how it works in civil courts, and how it differs from criminal law

Outline for the article

• Opening hook: Tort, in plain language, is a private wrong with a private remedy. Why that matters in everyday life and in the law.

• What exactly is a tort? A simple, clear definition and how it fits with other civil areas (like contracts).

• Civil vs. criminal: who brings the case, where it happens, and what the goal is.

• Who sues whom? The roles of plaintiff and defendant in a tort case.

• Remedies in tort: money damages, and when an order might be used to stop ongoing harm.

• Common types of torts: negligence as the big category, plus intentional torts and a nod to strict liability.

• How the burden of proof works in civil cases.

• A real-world scenario to ground the idea.

• The multiple-choice question clarified: which description fits a tort? Emphasize the correct choice and explain why the others don’t fit.

• Quick takeaways to keep in mind.

What’s a tort, really?

Let me explain it in everyday terms. A tort is a civil wrong—one person or entity harms another, not by breaking a law in the criminal sense, but by causing harm that the law says deserves compensation. Think of it as a way for someone who’s been hurt to ask for money or a remedy because of another person’s careless or deliberate actions. The important bit: it’s a private, civil process. The government isn’t prosecuting the wrongdoer in a tort case; the injured party sues the person or company who caused the harm.

To set the stage, torts sit in the broader family of civil law. They’re different from contract disputes (where two people disagree about an agreement) and from criminal offenses (where the state prosecutes someone for breaking a law). In torts, the focus is on redress for the victim—trying to restore them, financially if needed, as much as possible to how life was before the harm.

Civil vs criminal: two different arenas, two different goals

Here’s the thing that often creates confusion: civil cases (like torts) and criminal cases operate on different rules of engagement. In criminal cases, the government acts as the prosecutor, accusing someone of a crime that threatens public safety. The goal is punishment or deterrence, and the standard of proof is “beyond a reasonable doubt.” In torts, the action rides in civil court, and the plaintiff (the person who was harmed) asks for compensation from the defendant (the person who caused the harm). The standard of proof is lower—predominantly, it’s a “preponderance of the evidence,” meaning it’s more likely than not that the claim is true.

Who’s who in a tort case

In tort lawsuits, the characters are simple but real:

• The plaintiff: the person who’s claiming harm and seeking a remedy.

• The defendant: the person or entity accused of causing the harm.

• The judge or jury: decides if the plaintiff’s version of events holds up and, if so, what the remedy should be.

You’ll hear about “negligence,” “intentional torts,” and sometimes “strict liability.” Those are labels that help courts think about what happened and what kind of remedy should fit.

What the plaintiff seeks: remedies in tort

Most tort cases end with money as the compensation. The goal is to make the injured party whole, to the extent money can, for losses that resulted from the harm. Those losses can be tangible—like medical bills or property damage—and intangible—like pain, suffering, or a sense of security lost due to the incident.

Sometimes the remedy isn’t money alone. The court might order an injunction to stop a continuing harm, like a neighbor who’s improperly using land to the point it harms someone nearby. Equitable relief—such as an injunction—sits alongside damages in some situations, especially when the conduct is ongoing or irreparable.

A quick tour through common torts

• Negligence: This is the big one. It happens when someone fails to act with reasonable care, and that failure causes harm. No intent required; carelessness is enough.

• Intentional torts: These include acts done on purpose that hurt someone else—assault, battery, false imprisonment, intentional infliction of emotional distress, trespass to land or chattels, and more.

• Strict liability: Here, the focus isn’t on whether anyone was careless or intended harm. If a particular activity is dangerous, the person who controls it can be liable for the damages regardless of fault. Product liability is a common example.

• A note on damages: In many tort cases, damages cover medical costs, lost wages, and property repair, but they can also account for pain and suffering, loss of enjoyment, and other non-economic harms.

How the burden of proof plays out in torts

In the civil (tort) world, the plaintiff must show that it’s more likely than not that the defendant caused the harm and that the plaintiff suffered damages as a result. It’s not about “no doubt whatsoever” like in criminal cases; it’s about presenting enough convincing facts to tilt the balance in the plaintiff’s favor. That nuance matters because it shapes how you present evidence—document medical bills, capture a timeline of events, collect witness statements, and keep a clear chain of causation.

A grounded example

Imagine someone hits your car in a parking lot and leaves a dent in your bumper and a sore neck. Proving a tort claim would involve showing:

• The other driver owed you a duty of care (they should drive safely and obey traffic rules).

• They breached that duty (they ran a red light or did something else negligent).

• Their breach caused your injuries and the damages (the crash led to medical bills and lost work time).

• You suffered actual damages (medical costs, repair bills, and perhaps pain and suffering).

Now, the plaintiff would seek compensation to cover those costs and losses, aiming to restore you as much as possible to your prior situation.

A tiny detour to the exam-style question

You asked about a multiple-choice item, which asks, “What type of lawsuit is a tort?” Let’s pin it down clearly: a tort is a civil action where one private party sues another for damages caused by negligent or intentional acts. So the correct description is: a citizen sues another citizen for damages as a result of a negligent or intentional act. In other words, the case is heard in civil court, not by the government prosecuting a crime.

Why the government angle isn’t right here

The choice that says “the government prosecutes a citizen for a crime” describes a criminal case, not a tort. Criminal prosecutions involve the state and the aim is punishment or deterrence, not compensation to a private party. The tort framework is about private redress and restoration through monetary damages or, in some situations, court orders to stop harmful conduct.

Bringing it together: why torts matter in the real world

Torts show up in everyday life more often than you might think. A slip on a wet floor in a store, a car crash on the highway, or a defective product that injures someone—these are all situations where civil claims might arise. The law wants to balance fairness: the person who suffers harm shouldn’t bear the cost alone if someone else’s carelessness or wrongdoing caused it. At the same time, the system aims to resolve disputes efficiently, without the heavy-handedness of criminal prosecutions.

A few quick, practical takeaways

• A tort is a civil wrong that leads to a private claim for damages, not a government criminal case.

• The plaintiff sues the defendant in civil court; the remedy is typically money, sometimes an injunction.

• The most common tort is negligence, but intentional torts and strict liability also play major roles.

• The burden of proof in torts is preponderance of the evidence—slightly more likely than not.

• Understanding these distinctions helps you read case law and statutes more clearly, and it clarifies how civil justice operates in everyday life.

If you’re getting your bearings in this area, a few reliable touchstones can help you stay sharp:

• Restatement of Torts (Second) and Black’s Law Dictionary for definitions and common phrases.

• Real-world cases that illustrate how negligence differs from intentional harm and how damages are calculated.

• Practice problems or scenario-based questions to see how the burden of proof and the causation chain work in context.

Closing thought

Torts sit at the intersection of everyday life and the legal framework that helps people manage harm when accidents or reckless acts happen. They remind us that the law isn’t just about big courtroom battles; it’s also about the quiet, practical work of making someone whole after they’ve been hurt. And that’s a cornerstone of how civil society keeps moving forward—one private remedy at a time.

In short: the type of lawsuit that fits a tort is a civil action where one private citizen sues another for damages caused by negligent or intentional acts. The other choices pull you toward criminal prosecutions or private actions that aren’t about harm caused by fault, and those aren’t how torts are defined. If you keep that mental map, you’ll navigate the topic with clarity and confidence.