difference between civil and criminal law essay

Essays; Law; Examining Differences Between Criminal And Civil Procedure Law Essay. There are two main categories within law known as substantive law and procedural law. Study for free with our range of university lectures! The Difference Between Civil Law and Criminal Law 638 Words | 3 Pages. The judge can order a sum of money to be paid which is known as damages. In a criminal case, the Crown prosecutor must prove the defendant’s guilt “beyond a reasonable doubt. Sometimes criminal law is referred to as part of our public law because it applies to all Canadians and regulates relationships within our society. On average a day’s trial in Magistrate’s Courts cost the taxpayer around. All rights reserved, The Key Differences Between Criminal and Civil Law. One way of looking at criminal law is that it is dealing with something of public interest. This assignment will explore the key differences between criminal and civil law in Scotland by delivering insight into the complexities of the court systems, procedures and disputes considered in both branches of Scots Law. But in civil cases there are no protections offered to defendants. Later in the year 530 Justinian codified Roman law by publishing “Corpus Juris Civilis”. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. In this essay I will discuss the differences between Criminal and Civil procedure in Continental and Common legal system. (Class Notes, 2009) The Old Bailey is the central criminal court which is in London. Unlike criminal law; however, civil law is primarily involved with compensating victims. Only the Country’s top Judges can be involved in this. Similarly, civil law is sometimes referred to as private law because it regulates private relationships between individuals in our society. Are You on a Short Deadline? Law is a set of general rules which are created by a superior entity in order to regulate human behaviour and maintain justice and peace in the society. They arrest and charge the suspect. Also, the continental legal system relies more on written argument than on oral argument. Write an essay describing ways in which the availability of water can be increased how to end a leadership essay. Continental legal system has influenced the laws of specific nations, the law of international organizations and international law. One famous controversial judge that has shaped certain areas of the law is Lord Denning. Hire a Professional to Get Your 100% Plagiarism Free Paper. Quinn, 2009, pg 223). Differences Between Civil and Criminal Law...ASSIGNMENT UNIT 8 – DIFFERENCES BETWEEN CIVIL AND CRIMINAL LAW [Your Name] [Professor Name] [Course Number & Course Name] [University/ College Name] Good day readers. If you are the victim of a crime, you report it to the police and they have the responsibility to investigate. Find out more . In criminal lawsuits the burden of proof is always on the state (i.e. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The person suing for a wrong has the burden of proving their case on a “balance of probabilities. (Civil law cases, ND) In the past, most Civil Cases were tried by juries but trial by Jury in the Civil System is almost obsolete. Trial is usually lead by a hearing in which problems arising in pretrial procedure might be determined and attempts to compromise are made. After the Court case ‘Bushell 1670’ it changed the complete set up of the Jury system. the whole process). The needs and interests of merchants lead to the development of Commercial law. These differences exist not only in their historical background but also in their approach to legal matters. Civil disputes usually involve some harm, loss or injury to one party or their property. However, in the civil lawsuits the burden of proof is initially on the claimant, but in some cases it shifts to the defendant. VAT Registration No: 842417633. 15,000 heard in the County Court. The issues of law are often determined by a series of hearings. (Class notes, 2009) The option of Jury is also down to the discretion of the Court and the type of case. Criminal law is made up of precedents which are guidelines that we have to follow. (2017, Jan 26). For example, the public has an interest in seeing that people are protected from being robbed or assaulted. Similarly in Common legal system there is a difference in private and public law; however the process is slightly different. This is not an example of the work produced by our Essay Writing Service. This might be possible in some aspects, however not completely because of the enormous difference in ideology, social and economic policies, morality and many other things. Hereafter, pleadings are followed by disclosure (i.e. Continental legal system is the oldest and most … In the common law system the solution to a case becomes a part of the law. If crime needs extra punishment, the case is sent to Crown Court. The common-law system exists in England, the United States, and other countries which were colonized by England. Legislation is the primary source of law and the court system is not adversarial (i.e. 1000 for a personal injury claim. This concept is known as “Stare Decisis”. Law can be split up in different branches such as, Criminal law, Civil law, Commercial law, etc. I have made it clear that criminal Law and the crimes that come within this section of law can be broken therefore, a punishment will be issued. Thru this essay, I will try to explain and point out the differences between Civil and Criminal Cases. If you want to sue the painter for breach of contract, it is your responsibility to do so. We're here to answer any questions you have about our services. Essay On The Difference Between Criminal And Civil Law . If a person commits a crime, they are sent to court to receive a suitable punishment. Fast track cases deal will actions over five thousand pounds and under ? Civil cases only have to be proven on the balance of probabilities [8] . One way of looking at criminal law is that it is dealing with something of public awareness. In order for the Jury to get a guilty verdict they must agree to 12-0, 11-1 or minimum 10-2. the state must prove that the defendant is guilty), since the defendant is assumed to be innocent until proven guilty. Let a Professional Writer Help You, © New York Essays 2020. In most cases, if a charge has been properly laid and if there is evidence supporting it, the Crown Prosecutor, not the person who complains of the incident, prosecutes it in the courts. On the other hand the Continental legal system has also started to rely on precedents, especially in German constitutional and French administrative courts. The differences between civil law and criminal law can be drawn clearly on the following grounds: A general law, which is associated with disputes between individuals, organizations, or a two, wherein the wrongdoer compensates the affected one, is known as civil law. Before this case Judges would try and bully juries into convicting the defendant particularly where the crime had political overtones. The historical sources of concepts, institutions, and procedures come from these three sub traditions. It derives from Roman law, Canon law and Commercial law. According to Justinian Roman law consisted of Ius Civile the body of laws which applied to local citizens, Ius Gentium the laws which applied to foreigners and Ius Naturale the body of laws that were considered common to all human beings [2] . Judges and magistrates are also given sentencing guidelines – designed to provide consistency throughout the criminal justice process. They are both completely different sections of the Law that can be summed up in different ways. Common legal system pays more attention to procedural law than to substantive law. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. What difference does it make whether it is criminal or civil? In the Common legal system the judges have very broad interpretive power. They do not need to be convinced beyond a reasonable doubt. This is not the case in civil law. It is a welfare that establishes punishment which will be imposed if this law is broken. Public funds are used to pay for these services. Do you have a 2:1 degree or higher? In Continental legal system trial by jury is unknown and the litigation is usually conducted by a multijudge court. Civil law is generally a dispute between individuals whereas Criminal law states what behaviour is acceptable or unacceptable as the case may be. Senior Judges also have the power to create laws; these laws are known as precedents. For instance, the public has awareness in seeing that people are protected from being robbed or assaulted. It administers how a lawsuit/case will be carried out (i.e. Anything over ? Another difference between criminal and civil lawsuits is that, criminal cases have to be proven beyond reasonable doubt. Notorious criminals such as Ian Huntley and Myra Hindley have appeared in Magistrates Courts. This is not an example of the work produced by our Essay Writing Service. The first jurors acted as witnesses providing information about local matters. (2016, Oct 16). Retrieved October 22, 2020, from https://newyorkessays.com/essay-the-key-differences-between-criminal-and-civil-law/, Save Time On Research and Writing. For example, if you hire someone to paint your house and they do a poor job, it is a dispute between you and the painter. This phase is mainly written and it determines whether there is a need for a trial or not [6] . Get Help With Your Essay. The courts can impose four levels of sentence depending on the seriousness of the offence: discharges, fines, community sentences and imprisonment. Some famous out of court settlements include that of The Beatles, Michael Jackson and Katie Price. The litigation is commenced by means of a document drawn up by the claimant which is then validated by the court. Historically, in the Common legal system civil procedure lawsuits included a jury and a judge. While in the common law system laws can be changed/updated by single rulings. Within civil Law a person does not actually commit a crime. Civil matters include areas such as contract law, family law, tort law, property law and labour law. Criminal law is made up of precedents which are guidelines that we have to follow. On the other hand, in the Common legal system a criminal proceeding starts with a police investigation which is aimed at collecting evidence that will prove the defendant guilty. For example, the public has an interest in seeing that people are protected from being robbed or assaulted. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UKEssays.com. These are legal problems that fall into the criminal law. The maximum sentence a Magistrate can issue is 6 months and a ? However in the Continental legal system the judges serve as civil servants who receive salary and belong to an organization of judges [3] . Civil law is generally a dispute between individuals whereas Criminal law states what behaviour is acceptable or unacceptable as the case may be. Civil law is the body of rules that delineates the private law (e.g. … If they cannot reach this agreement there will be a re-trial with a new jury. As a victim, you do not have to be responsible for enforcing the law. Crown Courts are usually for more serious crimes that are tried in front of a judge and jury. It is the most televised Court building and it normally sees the most serious of criminal cases. The defendant does not necessarily have the right to keep silent. Small claims cases deal with values less than ? Even if a person starts a prosecution privately, the Attorney General has the power to take over the prosecution of the case. (Class notes, 2009). How about receiving a customized one?

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