Thursday, May 16, 2019
Difference Between Civil and Criminal Law
This assignment result consider the differences in urbane and Criminal law. It will explain the roles of solicitors, Barristers, Judges and Magistrates. It will as well critically look at the features of the European Court of Human Rights 4Civil law is a private law. it settles matters between two individuals and organisations. It still has the roman standardised in many countries because it was originated from the Roman law. The end result is mostly damages in cultivatedized law. compositors case of civil cases includes Donoghue v Stevenson 1993 where Donoghue sued Stevenson for damages of ? 00 for drinking contaminated ginger beer which had negative effect on his health, Millar v Taylor (17690) is another example of civil case 5Criminal law considers crimes committed against the crown ( R ). 6Government identifies and lamentableises dole out that is considered wrong, damaging to individuals through criminal law Jacqueline Martin and Chris Turner define crime as7a conduct f orbidden by the state. when a conduct is regarded by the state as being criminal, there is forever and a day a punishment attached to it. i. e. murder and theft.Example of criminal case includes R v Wilson (1994) and R v Brown (1991) where R stands for the canvass or the State. Criminal law was made to protect organisations, individuals, the society and their properties. They atomic number 18 also made to punish offenders. The aim of sentencing offenders also include reparation, incapacitation, deterrence and reformation Read more(prenominal) Differences between civil and criminal Law Teacher http//www. lawteacher. net/criminal-law/essays/differences-between-civil-and-criminal-law-essay. phpixzz2RCimULfN Follow us lawteachernet on peep LawTeacherNet on Facebook DifferencesCriminal law is drafted by the government. It is made by the crown ( R ) and passed by Parliament beforehand it goes to the monarch for rubber-stumping as law. (This process is known as Royal Assent). Offen ders are prosecuted by the Crown when they commit crimes against citizens. It is the duty of the police to enforce the law. 8Civil law applies to the principals of common law but in civil actions unlike criminal proceedings, the Crown takes no sides. The crown supplies the court, the judge and if necessary the enforcement of the judges rulings. penalization 9Criminal law punishes red-handed defendant by either incarceration in a jailed.There are also fine paid to the government in exceptional cases. Community service could be the punishment on offenders depending on the type of crime committed. Contrary to criminal law, defendant in civil law is not imprisoned when found liable but reimburse the claimant for losses by the defendants act. Burden of proof In criminal law, one can never be guilty without proven 99 percent guilty beyond reasonable doubt as per Lord Denning. When one feels that the crime committed is done collect to his or her insanity, then the burden lies on the def endant to prove it.The Crown has the right to punish criminal offenders because all crimes are against the state. For example, if one commits the crime of burglary by breaking into a house and steal, the state will prosecute the offender when even the victim brings private proceedings against the burglar. Read more Differences between civil and criminal Law Teacher http//www. lawteacher. net/criminal-law/essays/differences-between-civil-and-criminal-law-essay. phpixzz2RCicKzlV Follow us lawteachernet on Twitter LawTeacherNet on Facebook
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