CRIMINAL LAW AND CIVIL LAW
CRIMINAL LAW AND CIVIL LAW
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Legal law is divided into two main types: criminal law and civil law, each differing in purpose, procedures, and terminology. Criminal law involves the prosecution of individuals or entities by the government for violating society’s laws, with penalties such as imprisonment or, in severe cases, capital punishment. Civil law, on the other hand, focuses on resolving disputes between individuals or entities, typically resulting in monetary compensation or asset recovery rather than imprisonment. Some actions, like a car accident caused by dangerous driving, can result in both criminal prosecution for the offence and a civil lawsuit for damages. Cases are distinguishable by their captions; for example, a criminal case is often titled with the government as the plaintiff (e.g., U.S. v. Lieberman), while civil cases may involve private parties or governments. Additionally, governments can sue or be sued, but such suits require a waiver of sovereign immunity, as seen in cases like Warner v. U.S. involving tax disputes or damages from government actions.
Differences between Civil and Criminal Cases
A. CRIMINAL LAW
A. CRIMINAL LAW
Definition: Criminal law governs wrongful acts, forbids them, and imposes punishments on offenders.
Prosecutions: Criminal proceedings are initiated in the name of the State (prosecution), not private individuals or bodies, though private individuals or entities like local authorities may assist investigations.
Key Players:
Prosecutor: Brings charges against the defendant (the accused).
Defendant: The person accused of committing the offence.
Burden of Proof:
Allegations of criminal conduct must be proved beyond reasonable doubt due to the severe consequences of conviction.
Higher standard of proof than in civil cases.
Outcomes:
If guilt is proven, the defendant is convicted and punished.
Punishments include imprisonment or fines.
If guilt is not proven, the defendant is acquitted (cleared of charges).
B. CIVIL LAW
B. CIVIL LAW
Definition: Civil law governs private rights and duties between individuals in a country.
Objective: Seeks to correct wrongdoings and provide remedies for the injured party.
Enforcement:
Responsibility lies with the individual who has been wronged to initiate legal action.
The State's role is to provide the procedures for resolving disputes.
Process:
The claimant (person making the claim) sues the defendant in a civil court.
The claimant must prove their case to succeed.
If successful, the defendant is held liable and may be required to provide a remedy.
If unsuccessful, the defendant is not held liable.
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