law Flashcards
What is the definition of Criminal Law?
It regulates individuals’ conduct by imposing punishment on those committing illegal acts or omissions.
Objectives include maintaining public order and protecting society as a whole.
What are the objectives of Criminal Law?
- Prevent crime
- Punish offenders
- Deter others from committing offences
Focuses on upholding public order.
What is the definition of Civil Law?
It concerns with the rights and duties of individuals towards one another.
Aims to resolve disputes between private citizens.
What are the objectives of Civil Law?
- Uphold private rights
- Resolve disputes between private citizens
Emphasizes individual rights and responsibilities.
Who initiates proceedings in Criminal Law?
Secretary for Justice v. accused
The prosecution is responsible for bringing the case.
Who initiates proceedings in Civil Law?
Plaintiff v. defendant
The plaintiff brings the case against the defendant.
What are the possible remedies or punishments in Criminal Law?
- A fine
- A term of imprisonment
- Other criminal penalties
Focuses on punishment for illegal acts.
What are the possible remedies in Civil Law?
- Damages
- Injunction
- Restitution of property
Aimed at compensating the injured party.
Who has the burden of proof in Criminal Law?
Burden of proof falls upon the prosecution
The prosecution must prove the case against the accused.
Who has the burden of proof in Civil Law?
Burden of proof falls upon the plaintiff
The plaintiff must prove their case against the defendant.
What is the standard of proof in Criminal Law?
Beyond reasonable doubts.
This is a high standard to ensure the accused’s rights.
What is the standard of proof in Civil Law?
On a balance of probabilities.
This standard is lower than that in criminal cases.
Give an example of a crime under Criminal Law.
Murder, Arson, Criminal Damage, etc.
Reflects serious offenses against society.
Give an example of a case under Civil Law.
Breach of contract, defamation, negligence, company liquidation, etc.
Focuses on disputes between individuals or entities.
