3.7 Criminal Law and Civil Law

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KK: types of law such as criminal and civil law, the distinction and relationship between criminal law and civil law ⭐️= important terms

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14 Terms

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criminal law

area of law that defines behaviour and conduct that are prohibited and outlines sanction for people who commit them

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crime

an act or omission that is against an existing law, harmful to both individuals and to society and punishable by law (state)

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imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

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prosecution

the party that institutes criminal procedings against an accused on behalf of the state

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accused

a person charged with a criminal offence but has not been found or pleaded guilty

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offender

a person who had been found guilty of a criminal offence by a court

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civil law

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

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plaintiff

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

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defendent

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

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tort

‘wrong’- a wrong that interferes with a peron’s legally protected interests

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remedy

any order made by a court or tribunial that is designed to address a civil wrong or breach

should provide a legal sanction for the plaintiff for a breach of the civil law by the defendant

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damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered

most common is a civil claim

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main difference between criminal and civil law

  • aim of each area of law

  • consequences if the law is not followed

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relationship between criminal and civil law

some behaviour can give rise to both areas of law