2.2 Criminal and Civil Law

criminal law

an area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them

sanction

a penalty imposed by the court on a person guilty of a criminal offence

guilty plea

when an offender formally admits guilt, which is then considered by the court when sentencing

civil law

an area of law that defines the rights and responsibilities of individuals, groups, and organisations in society and regulates private disputes

civil dispute

a disagreement between two or more individuals (or groups) in which one of the individuals makes a legal claim against another

plaintiff

(in civil disputes) the party who makes a legal claim against another party in court

accused

a person charged with a criminal offence

standard of proof

the degree or extent to which a case must be proved in court

defendent

(in a civil case) a party who is alleged to have breached a civil law and is being sued by the plaintiff

class action

a legal proceeding in which a group of 7 or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person

a crime is an act of omission that;

• breaks and existing law

• is harmful to an individual or society as a whole

• punishable by law

criminal case is initiated by

when a person is charged with a crime by police during their investigation

successful result of criminal prosecution

a guilty plea or finding of guilt in court

how do civil dispute arise

when someone believes their rights have been infringed

purpose of civil law

to seek a remedy to return the plaintiff to the position they were in before the breach

if the same behaviour results in both criminal and civil cases

two cases will be heard seperately and may even be heard in seperate courts

the outcome of one does not effect the outcome of the other becuase there are seperate element that need to be proved in each and there are different standards of proof which can casue varying outcomes.