Chapter 3 - Legal Considerations: Civil & Criminal law

Question 1

Define Criminal law

Answer 1

relates to the conduct of which the state disapproves and which it seeks to control. A form of public Law.
e.g. theft, fraud, money laundering, bribery

Question 2

Define Civil law

Answer 2

A form of private law involving the relationship between individual citizens
e.g. breach of contract, negligence, breach of trust.

Question 3

Criminal law - what is it’s purpose

Answer 3

Enforcement of particular forms of behaviour by the State, which acts to ensure compliance.

Question 4

Civil law - what is it’s purpose

Answer 4

To settle disputes between individuals and to provide remedies

Question 5

Criminal law - what is it’s object

Answer 5

Regulate society by the treat of punishment

Question 6

Civil law - what is it’s object

Answer 6

Usually financial compensation to put the claimant in the position he would have been in had the wrong not occured

Question 7

Criminal law - what is the burden of proof

Answer 7

Guilt must be shown beyond reasonable doubt (a higher standard of proof)

Question 8

Civil law - what is the burden of proof

Answer 8

Liability must be shown on the balance of probabilities (lower standard of proof)

Question 9

Criminal law - Results

Answer 9

If guilty - criminal court will sentence the accused, may fine or impose period of imprisonment

Question 10

Civil law - Results

Answer 10

Civil court will order the defendant to pay damages or may order some other remedy (specific performance or injunction)