20 - The distinctions between civil law and criminal law Flashcards
Civil law…
Civil law is concerned with the rights and duties of citizens in dealings with other citizens
Civil law, therefore, covers activities such as:
Lending and borrowing money Entering into contracts Disputes with neighbors Getting married Inheritances and wills
In civil law the courts award compensation where someone can prove the other party is in the wrong.
There are usually two sides to a Civil case known as the Claimant and the Defendant…
The Claimant is the person or ‘side’ who claims that as a result of another’s actions they have suffered some sort of injury or injustice, whilst the Defendant is the individual or organisation who has had the claim made against them.
Civil Law suits have become very popular with a number of high profile cases for defamation or slander for example or the encouragement in the media by lawyers to support individuals in ‘no win no fee’ legal actions for personal injury.
Criminal law…
Criminal offenses are regarded as
offenses against society
They deal with matters such as:
Crimes against the person - e.g. murder, assault & rape
Property crimes - e.g. theft, burglary, fraud, and vandalism
In criminal courts, the aim is to punish wrongdoers and impose a sentence which prevents them from reoffending
Compensation or punishment?
In civil law, the courts award compensation where someone can prove the other party is in the wrong.
In criminal courts, the aim is to punish wrongdoers and impose a sentence which prevents them from reoffending
Similarities…
Although Criminal proceedings are generally separate from those of the Civil Courts, there are a number of similarities. Both attempt to control behaviour by imposing sanctions on those who violate the law.
Area of Concern…
Civ L - Rights and duties between individuals
Crim L - Offences against society as a whole
Wrongful Act…
Civ L - Harm to person or business entity
Crim L - Violation of a law that prohibits some type of activity
Party who brings suit…
Civ L - Person who suffered harm (Plaintiff)
Crim L - The state
Party who responds…
Civ L - Person who allegedly caused harm (defendant)
Crim L - Person who allegedly committed the crime (the Defendant)
Standard of Proof…
Civ L - Balance of probability
Crim L - Beyond all reasonable doubt
Remedy…
Civ L - Damages to compensate for the harm
Crim L - Punishment (fine or other punishment including prison)
