Civil Law Flashcards
What are the two main types of law
Civil law
Criminal law
What does civil law deal with
Disputes between individuals or corporations relating to their rights
What does criminal law deal with
It’s the body of law and deals with crime and the prosecution of criminals for wrongdoing by the state
Who sues the defendant in civil law
The claimant
Who is the burden of proof on in civil law
The claimant
What is the standard of proof in civil law
A balanced of probability (more than 50%)
In civil law what is the goal
To provide compensation to harmed party
In criminal law who prosecutes the defendant
The government (the state)
What does criminal law deal with?
Deals with Offences against society
In criminal law what do you have to prove?
Prove intent or recklessness behind the action, establishing that the crime was committed with a guilty mind (men’s rea)
What is the standard of proof in criminal law
99%
What happens if defendant is found guilty in criminal law
A conviction or some sort of punishment
What does law of tort deal with
Deals with civil wrongs
What is tort law
It’s a civil wrongful other than breach of contract, when someone unfairly causes another person to suffer loss or harm
What are some examples of tort law
Libel - defamatory statement that is written
Slander - defamatory statement that is oral
Negligence - careless behaviour that could harm someone else
Nuisance
Trespass