civil law and crimnal law diffrence

Civil Law

•Private law

•Aim is to provide compensatory remedies (no concept of punishment)

•Claimant sues (makes a claim against) the defendant

•Decisions made by the judge (liable/not liable)

•Cases cited in the form of Brown V. Brown

•Case must be proved on the “balance of probability” (Claimant must convince the court that it is more probable than not that their assertions are true)

•Both parties may chose to settle the dispute out of court if they wish

•Buying/ selling goods, starting/finishing employment contract – Governed by civil law

•Public law

•Aim is to punish offenders and to enforce the law, because it is the community as a whole which suffers as a result of the law being broken i.e. harmful to society

•State prosecutes the accused (wrongdoer)

•Generally the custody officer (police) takes the initial decision to prosecute the defendant, and then it is consulted to the Crown Prosecution Service (CPS) before bringing forward sufficient evidence to provide that there’s a realistic prospect of conviction

•Regulates behaviour not approved by the state

•Decisions made by the jury (guilty/not guilty)

•Cases cited in the form of Regina V. Brown (indicates that the state takes action on the behalf of the crown)

•Receives more media coverage than civil law

•Person’s guilty of a crime may be punished by fines payable to the state, imprisonment, or a community-based punishment

•Some prosecutions are started by the director of public prosecutions

•Case must be proved “beyond reasonable doubt”

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