0- Criminal VS Civil Law

Question 1

What types of offences do criminal and civil law involve?

Answer 1

In criminal law, the acts are against the state or society.

In civil law, acts are against another individual or group.

Question 2

What are the aims of criminal and civil law?

Answer 2

Criminal law aims to:

• protect society
• punish offenders
• uphold laws

Civil law aims to:

• protect rights
• provide compensation
• regulate conduct between parties

Question 3

What are the parties involved in each type of law, and who has the burden of proof?

Answer 3

Criminal law:
Prosecutor and the accused, where the burden of proof is on the prosecution.

Civil law:
Plaintiff and the defendant, where the burden of proof is on the plaintiff.

Question 4

What are the verdicts for criminal and civil law, and what is the standard of proof required?

Answer 4

Criminal law:
Guilty or not guilty, with a standard of proof that is beyond reasonable doubt (99.9%)

Civil law:
Proven or not proven, with a standard of proof that is on a balance of probabilities. (70%)

Question 5

What juries hear each type of offences?

Answer 5

For criminal cases:

• no jury in the Magistrates’ Court
• compulsory jury in County and Supreme Courts

For civil cases:

• no jury in the Magistrates’ Court
• optional in the County and Supreme Courts

Question 6

What are some examples of criminal offences?

Answer 6

Indictable offences:

• homocide
• sexual assault
• drug trafficking

Summary offences:

• shoplifting
• traffic offences

Question 7

What are some examples of civil offences?

Answer 7

• negligence
• defamation
• trespass