Final answer:
Negligence is an act that a reasonable person would not perform, often leading to harm, and is central to civil law cases. It does not involve the intentional harm present in criminal law or prosecutions involving public officials, where 'actual malice' must be proven for defamation.
Step-by-step explanation:
Negligence is best defined by choice (C): The performance of an act that a reasonable person under the same circumstances would not perform. In legal terms, negligence is a concept that involves carelessness which results in harm or damage to another party.
It forms the basis for many civil law cases, where one party alleges injury due to another party's lack of the expected level of care. The principle of nonmaleficence complements this concept in medical and clinical settings, dictating that actions should not cause harm to others.
Contrary to negligence, criminal law involves actions that are intentional and harmful to others, resulting in punishment such as fines or imprisonment. Unlike criminal cases, where the government charges an individual with a crime, civil cases involve disputes between private parties.
Moreover, when public officials are involved, the principle set forth in cases like Miranda v. Arizona indicates that 'actual malice' must be proven for them to recover damages for defamatory statements related to official conduct.