legal criminal and civil law

criminal law

• Protects the community by establishing crimes and establishing maximum penalties or sanctions (fine or prison sentence imposed by court) for people who commit crimes

• A crime is an act or omission that breaks an existing law, is harmful to an individual or society as a whole, and is punishable by law (e.g. murder, theft, and assault)

prosecution

• represents the state or crown

• Brings the action against the person alleged to have committed the crime

accused

• Someone who is accused of committing a crime but has not been found guilty.

offender

is a term used to refer to someone who is found guilty or pleaded guilty

examples of crimes

• crimes against a person

• crimes against property

• drug offences

• public order and security offences

• justice procedure offences

words commonly used in criminal cases

• prosecutor, prosecution

• accused

• offender

• suspect

• guilty or not guilty

• charge

• sanction

• conviction

civil law

• Regulates disputes between individuals and groups seeks to enforce rights where harm has occurred.

Involves private disputes and does not involve the police or the state (unless they are a party to a civil dispute.

tort law

• •a wrong that interferes with a person’s legally protected interests.

contract law

• governs the validity and enforceablility of agreements made between two or more parties.

parties to civil dispute

The PLAINTIFF

•the party who makes a claim

•

The DEFENDANT

•who the plaintiff alleges has infinged the plaintiffs rights

The main aim of civil law is to rectify a civil wrong by returning the person whose rights have been infringed to their original position.

This is done through remedies. The most common remedy is damages which is a sum of money awarded to the person who has suffered harm.

examples of civil law

• tort law

• industrial and workplace laws

• consumer law

• property law

words commonly used in civil disputes

• plaintiff

• defendant

• sue

• compensation

• injunction

• tort

• defamation

• negligence

The Distinction Between Criminal and Civil Law

• The main differences between criminal and civil law are:

  •The aim of each area of law

  •The consequences if a law is not followed

• Aims of Criminal Law:

•To protect society and to sanction offenders

• Aims of Civil Law:

•To regulate conduct between parties to a dispute and to remedy a wrong.

• Criminal consequence:

•Sanction

• Civil consequence:

•Remedy

The Relationship Between Criminal Law and Civil Law

• The same behaviour can give rise to both criminal and a civil dispute.

• If accused is found guilty that will be sanctioned.

• The victim of the assault (as the plaintiff) may sue the person who hit them (the defendant).

• If successful the defendant may have to pay damages to compensate the plaintiff for any injury suffered as a result