法律英语口语：法律术语解读侵权与犯罪英语口语

以下是无忧考网整理的《法律英语口语：法律术语解读侵权与犯罪》，希望大家喜欢！ 　原文：

　　Simply stated, a tort is a wrong. It is a private wrong (civil as opposed to criminal) resulting from a breach of a legal duty derived from society‘s expectations regarding proper and improper interpersonal conduct.

　　A tort is any socially unreasonable conduct, which is not contractual, for which a court will grant monetary damages or an equitable remedy to compensate an individual for his/her injury. The rights and duties involved in a tort case may arise from either statute or common law.

　　While, a crime is an offense against the public, and criminal law does not seek to compensate the victim. Tort includes both deliberate wrongs (intentional torts) and inadvertent or accidental wrongs (negligent torts), as well as wrongs for which the offender is held liable regardless of motivation or ability to prevent the injury (strict liability). Torts that are specifically related to business are grouped separately. Tort law is perhaps the broadest and most volatile area of civil law.

　　Conduct that is a tort may also be a crime. Conduct that unreasonably interferes with someone else‘s interest is frequently both a tort and a crime.

　　1. Most crimes involve socially unacceptable conduct that unreasonably interferes with another‘s interests, e.g., arson, burglary, manslaughter, murder, rape, and robbery.

　　2. The burden of proof in a tort action (a preponderance of the evidence) is much lighter than the state‘s burden in a criminal action (beyond a reasonable doubt).

　　3. Because the burden of proof is much lighter in a tort action, it is possible to prevail in a tort case while the state does not succeed in its related criminal prosecution.

　　4. Thus, differentiating between a tort and a crime is essential.

　　a. A tort is any socially unreasonable conduct, which is not contractual.

　　b. A crime is an offense against the public and has little, if anything, to do with c