AOS 1 The Distinction Between Criminal And Civil Law Flashcards
Criminal law
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.
Examples of criminal law
HINT: There are 5
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.
Prosecution
• prosecution. the Crown. the state (the party bringing the case on behalf of the state)
Accused
the offender (the person who has been charged with an offence)
Suspect
(the person who is suspected of having committed a crime)
Guilty/not guilty
Guilty/not guilty
Charge
when the police formally allege that a person has committed a crime
Sentence
the punishment handed out to the guilty offender
Conviction
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
Civil Law
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.
Examples of civil law
- 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
Plaintiff
the person bringing the case
Defendant
the person defending the case
Sue
make application in court in a civil matter
Compensation
a civil remedy
Damages
a civil remedy
Civil wrong
a tort
Defamation
a civil law under which a person can claim their reputation has been damaged
Negligence
(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
Distinguish between criminal and civil
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.
Explain how some incidents can result in both criminal and civil cases
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).
What is a compensation order in criminal cases
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.
