Legal Background Briefing: Tort Reform, December 2044

(2004) Legal Background Briefing: Tort Reform, December 2044. Legislative Services Agency (Legislative Service Bureau)

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Abstract

Tort reform, also known as civil justice reform, is aimed at changing a legal system that determines fault and loss liability. A "tort" is any civil wrong in which one party (the plaintiff) who is "damaged" by an intentional or negligent act or acts of another person (the defendant) can seek legal redress, most often in the form of money damages, through the judicial system. Tort law is a combination of both common (judicially created) and statutory (legislated) law. Tort reform measures regulate access to the courts, modify liability rules, and place limits or "caps" on the amount of damage awards recoverable in a tort action. This legal background briefing highlights major tort reform measures in Iowa since the early 1980s through changes that occurred during the recent 2004 Legislative Session and the 2004 First Extraordinary Session. In addition, this briefing defines important tort law terms and provides information about other tort reform efforts at both the state and federal levels.