AOS 1 The Distinction Between Criminal And Civil Law

Question 1

Criminal law

Answer 1

Criminal law protects the community by keeping the peace. The main aims of criminal law are to apprehend, prosecute and punish people who have broken the law and to deter others from breaking the law.

Question 2

Examples of criminal law

HINT: There are 5

Answer 2

Crimes against person - assault, rape, manslaughter, murder.

Crimes against property - theft, property damage, robbery, deception

Crimes against morality - prostitution, illegal use of drugs.

Crimes against the legal system - perjury, contempt of court.

Crimes against the state - Treason.

Question 3

Prosecution

Answer 3

• prosecution. the Crown. the state (the party bringing the case on behalf of the state)

Question 4

Accused

Answer 4

the offender (the person who has been charged with an offence)

Question 5

Suspect

Answer 5

(the person who is suspected of having committed a crime)

Question 6

Guilty/not guilty

Answer 6

Guilty/not guilty

Question 7

Charge

Answer 7

when the police formally allege that a person has committed a crime

Question 8

Sentence

Answer 8

the punishment handed out to the guilty offender

Question 9

Conviction

Answer 9

when an offender has been found guilty, the court records a conviction (the guilty verdict), although in some instances a court decides not to record a conviction so the offender does not have a criminal record

Question 10

Civil Law

Answer 10

Civil law protects individual rights. The main aim of civil law is to return the person whose rights have been infringed to their original position.

Question 11

Examples of civil law

Answer 11

• tort law - negligence. trespass. nuisance. defamation
• family law - marriage. divorce. adoption. de facto relationships
• industrial and workplace laws - occupational health and safety. working conditions. work contracts. workplace agreements. union disputes
• consumer law - tenancy agreements. sale of goods. advertising laws
• property law - wills. planning laws. real estate purchases

Question 12

Plaintiff

Answer 12

the person bringing the case

Question 13

Defendant

Answer 13

the person defending the case

Question 14

Sue

Answer 14

make application in court in a civil matter

Question 15

Compensation

Answer 15

a civil remedy

Question 16

Damages

Answer 16

a civil remedy

Question 17

Civil wrong

Answer 17

a tort

Question 18

Defamation

Answer 18

a civil law under which a person can claim their reputation has been damaged

Question 19

Negligence

Answer 19

(although there can also be criminal negligence) - a civil law, under which a person can claim that they have been injured as a result of someone acting negligently towards them

Question 20

Distinguish between criminal and civil

Answer 20

When deciding if a case is civil or criminal, you should look at the consequences and the intention
of the case. Does the case seek to punish the offender? Does the case seek a civil remedy such as
compensation (damages) or an injunction? (An injunction is a court order either restraining someone
from doing something or compelling someone to do something.) The words used in a case can help
you when deciding if a matter or issue relates to civil or criminal law.

Question 21

Explain how some incidents can result in both criminal and civil cases

Answer 21

Some incidents can result in both civil and criminal cases. A person can be found guilty of a crime
and punished under criminal law. The same person can then be ordered to pay compensation to their
victim in a separate civil action. For example, assault can result in a criminal action, which would seek
to punish the offenders, and a civil action, where the person assaulted would be seeking a civil remedy
(compensation) for assault (trespass to the person).

Question 22

What is a compensation order in criminal cases

Answer 22

In some criminal cases, the punishment of an offender can include a compensation order, which
orders an offender to pay compensation to a victim who suffered injury, loss or damage to property
as a result of the crime.