3.7 Criminal Law and Civil Law

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

criminal law ⭐️

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

crime

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

imprisonment

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

prosecution

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

accused

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

offender

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

civil law ⭐

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

plaintiff

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

defendent

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

tort

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

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

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

main difference between criminal and civil law

• aim of each area of law

• consequences if the law is not followed

relationship between criminal and civil law

some behaviour can give rise to both areas of law