Civil v. Criminal Law Street Law ‘A’ Mr. Cross

Law pervades our lives Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. Law regulates the public and private institutions that are a central part of our lives Law is a word of many meanings— it is difficult to define

A crime is a violation of the penal code. A tort is a violation of the civil law. Criminal Law and Civil Law

Civil Law also called Roman law, Romano-Germanic law, or continental law is the oldest family of law starts with a code—the compilation of laws the code expresses rules of law as general principles the code provides answers for all disputes

Civil Law judges not lawyers dominate court hearings (e.g., call witnesses) judges are career bureaucrats who have not been practicing lawyers juries are not generally used—mixed tribunals of judges and lay citizens are used in serious criminal cases

civil law A means of resolving conflicts between individuals. It includes personal injury claims (torts), the law of contracts and property, and subjects such as administrative law and the regulation of public utilities.

Civil and Criminal Law a civil suit involves a dispute between private parties a criminal suit involves a violation of a government’s penal laws difference between who has been harmed (individual v. state) types of remedies differ (compensation v. prison, fines or probation)

Civil and Criminal Law there are different types of criminal violations a felony is a more serious criminal offense that involves a possible prison sentence of one year or more a misdemeanor is a less serious crime that usually involves a possible prison sentence of less than one year criminal and civil law can sometimes overlap (e.g., a drunk driver who kills someone)

11 Criminal Law Criminal Law deals with rules created by the State which forbid certain behaviour These are “crimes” Criminal Law punishes people – it does not provide remedies or solutions Criminal Law is usually what people think of when they think about “The Law” Criminal Law is part of Public Law

12 Criminal Law v. Civil Law A very important difference between criminal law and civil law relates to court cases In a criminal case, the prosecutors (ie the State) must prove their case beyond reasonable doubt In a civil case, the parties only have to prove their case on the balance of probabilities