20 - The distinctions between civil law and criminal law Flashcards

1
Q

Civil law…

A

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.

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2
Q

There are usually two sides to a Civil case known as the Claimant and the Defendant…

A

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.

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3
Q

Criminal law…

A

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

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4
Q

Compensation or punishment?

A

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

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5
Q

Similarities…

A

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.

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6
Q

Area of Concern…

A

Civ L - Rights and duties between individuals

Crim L - Offences against society as a whole

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7
Q

Wrongful Act…

A

Civ L - Harm to person or business entity

Crim L - Violation of a law that prohibits some type of activity

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8
Q

Party who brings suit…

A

Civ L - Person who suffered harm (Plaintiff)

Crim L - The state

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9
Q

Party who responds…

A

Civ L - Person who allegedly caused harm (defendant)

Crim L - Person who allegedly committed the crime (the Defendant)

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10
Q

Standard of Proof…

A

Civ L - Balance of probability

Crim L - Beyond all reasonable doubt

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11
Q

Remedy…

A

Civ L - Damages to compensate for the harm

Crim L - Punishment (fine or other punishment including prison)

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