Classification of Law : Civil & Criminal

Question 1

What is Civil Law ?

Answer 1

• Deals with the disputes between individuals. organisations in which compensation is awarded to the victim.
• A civil suit is usually filed by one party against another to enforce his/her legal rights.

Question 2

The party who initiates the legal action

Answer 2

“Plaintiff” or “Applicant”

Question 3

The party who is being sued

Answer 3

“Defendant” or “Respondent”

Question 4

Objective of Civil Law

Answer 4

Redress of wrongs by compelling compensation or restitution - wrongdoer is not punished, he only suffers so much harm as is necessary to make good the wrong he has done. Victim gets compensation or benefit from the law or avoids a loss.

Question 5

Explain civil suit

Answer 5

• In a civil suit, parties may appoint lawyers to repreent the case before the court.
• The state has no role in civil proceedings unless the gov itself files the suit or being sued.
• When the civil suit is successful, the defendant shall be ordered to pay damages.

Question 6

Explain civil suit

Answer 6

• In a civil suit, parties may appoint lawyers to repreent the case before the court.
• The state has no role in civil proceedings unless the gov itself files the suit or being sued.
• When the civil suit is successful, the defendant shall be ordered to pay damages.

Question 7

Examples of Civil Law

Answer 7

• Contract law, family law, company law
• Controlled primarily by statutory laws
• An individual suffering from the civil injury need not sue the wrongdoer and may contract not to sue him

Question 8

What is Criminal Law ?

Answer 8

• Crime : behaviour that society has declared illegal and has decided to punish
• Criminal case : an offence against the state or society as a whole
• Deals with crime and the legal punishment of criminal offences

Question 9

Examples of criminal activities

Answer 9

Kidnapping, robbery, theft, murder, drug trafficking

Question 10

Objective of Criminal Law

Answer 10

• To punish the wrongdoer; to give him and others a strong inducement not to commit the same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet the retribution.
• The punishment is not directly or mainly beneficial to the person injured.

Question 11

Explain criminal suit

Answer 11

• In all cases of crime, the law treats wrongdoing as not merely an injury to an individual, but as a matter of public concern
• Criminal law is enforced by the State through a prosecutor who initiates the criminal suit
• When a crime has been committed, the person injured cannot prevent proceedings being taken to secure punishment

Question 12

Difference between Criminal and Civil Law

Answer 12

Two different objects which the law seeks to pursue - redress or punishment

Question 13

Substantive Laws

Answer 13

Define the rights and duties of parties and establish the legal basis for any lawsuit.

Question 14

Procedural Laws

Answer 14

• Relate to the enforcement of the substantive rights and duties
• Dictate how a case should be handled onc a dispute arises under the substantive law
• Comprises the set of rules that govern the civil and criminal court proceedings

Question 15

If the substantive law does not support a party’s position,

Answer 15

then the court has no basis for granting that party any legal remedy.

Question 16

If the party does not follow the procedural rules,

Answer 16

the court might not afford legal remedies even if they are allowed under substantive legal principles.

Question 17

Court Procedures: Civil Case

Answer 17

1. Brought to court by plaintiff against defendant.
2. Plaintiff has the burden to prove his/her case on a balance of probabilities.
3. If the court finds against the defendant, judgement will be entered against the defendant.
4. A losing defendant cannot be jailed - can only compensate the plaintiff for losses caused by the defendant.

Question 18

Court Procedures: Criminal Case

Answer 18

1. Brought to trial by prosecutor employed by the Federal Government.
2. The victim becomes a witness in the case but is not a party.
3. At the trial, the prosecutor must prove the case beyond reasonable doubt.
4. A guilty accused can be fined or jailed. An accused who is not guilty will be acquitted.