[20190813]IF11291_侵权法导论.pdf

https:/crsreports.congress.gov August 13, 2019Introduction to Tort LawQuestions regarding the appropriate scope and content of tort law have often provoked debate inside and outside of Congress. This In Focus surveys basic tort law principles and identifies pertinent legal considerations for Congress. What Is Tort Law? Tort law is the body of rules concerned with remedying harms caused by a persons wrongful or injurious actions. For instance, if a surgeon tasked with amputating a patients left leg commits medical malpractice by instead amputating her right leg, that patient may be able to pursue a tort lawsuit for monetary damages against the surgeon. Traditionally, with a few significant exceptions, tort law has primarily been a matter of state rather than federal law. Tort law has also historically been a matter of common law rather than statutory law; that is, judges (not legislatures) developed many of the fundamental principles of tort law through case-by-case adjudication. Over time, however, state legislatures and Congress have begun to intervene in the development of tort law to a greater extent. Why Does Tort Law Exist? Tort law serves at least three purposes. The first i