Civil vs Criminal Law Flashcards
What is Civil Law?
Disputes between individuals, companies or organisations resulting in the award of compensation
What is Criminal Law?
Cases seek to prove the commission of a crime and the punishment of offenders
Purpose of Civil law?
To facilitate business and personal relationships and to settle disputes between individuals or companies
Purpose of Criminal Law?
to protect the public against harm
Areas of Civil Law?
Used in contracts, negligence, trespass, land disputes, divorce, intellectual property, commercial and business ligitation
Areas of Criminal Law?
Used for cases of theft, robbery, fraud, burglary, murder, manslaughter, assault, etc.
Civil cases are brought by?
Private individual or company
Criminal cases are brought by?
crown prosecution service on behalf of the state.
main courts used for civil law?
County court, High Court.
Main courts used for criminal law?
Magistrates court, Crown court.
Burden of proof for civil law?
Claimant must prove their case
Burden of proof for criminal law?
the defendant is ‘innocent until proven guilty’ by the prosecution.
Standard of proof for civil law?
Claimant must show that on a
‘balance of probabilities’
their case is true. in other words, that it was
“More likely than not”.
Standard of proof for Criminal law?
CPS must prove that the defendant is guilty “beyond a reasonable doubt”.
Decision for Civil law?
Defendant is found liable or not liable in law.
