criminal and civil law terms

Tort

A civil wrong that causes harm or loss.

Negilgence

A failure to take reasonable care, resulting in harm.

Defamation

False statements that damage someone’s reputation.

Indictable offence

A serious criminal offence tried before a judge and jury.

Summary offence

A minor criminal offence heard in the Magistrates’ Court

Burden of proof

The responsibility to prove a case (criminal: prosecution; civil: plaintiff).

Standard of proof

The level of proof required (criminal: beyond reasonable doubt; civil: balance of probabilities).

Sanction

A legal consequence for breaking the law (e.g., imprisonment, fine, CCO).

Bail

Temporary release of an accused person before trial.

Remand

When an accused is held in custody while awaiting a trial.

Plaintiff

The person bringing a civil case to court.

Defendant

The person responding to a claim in civil law or accused of a crime in criminal law.

Damages

Compensation awarded in civil law for loss or injury.

Denunciation

A sentence that expresses society’s disapproval of an offence.

Rehabilitation

A sentencing goal aiming to reform an offender.

Aggravating factor

A detail that increases the severity of a sentence (e.g., prior offences, premediation).

Mitigating factor

A detail that decreases the severity of a sentence (e.g., remorse, early guilty plea).