...Between the Criminal and Civil Justice Systems? There are two different types of court systems: criminal and civil. There are vast differences between the two systems, including different types of punishments, laws, and burdens of proof. While the two systems are usually separate, there are some situations where they seem to overlap, such as wrongful death cases and cases involving police misconduct. How Does Each System Work? The first difference that should be noted is that in the criminal system, the government (either state or federal) seeks to punish a person for violating rules that have been set by a state legislature or Congress. In the civil system, there is usually a dispute between individuals or organizations as to rights and/or duties that they owe each other. In the civil system, the injured party starts things by bringing a suit. On the other hand, a prosecutor can bring a criminal case regardless of the victim¿s wishes. What Punishment are Available in Each System? In the criminal system, if you are convicted you could face fines, probation, and jail time. If you are found to be liable in a civil case, you face possible monetary damages and you may be forced to give up property. But, you will never face jail time in a civil case. Also, it should be noted that one of the purposes of the criminal system is to stigmatize an individual, unlike the civil system. What about the Burden of Proof? The burden of proof is higher in criminal cases. For a criminal case, a...
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...Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence. J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. Laws are derived from the United States Constitution; Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Established Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Law is defined as a system of rules...
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...Classifying Crimes James Parkins CJ230: Criminal Law for Criminal Justice January 21, 2014 In this paper I will be covering many different things. I will be covering is some of the differences between both criminal and civil law. With that I will cover the goals and objectives, difference in remedies and outcomes, commencement of each case, and how the players in each system differ. After covering all of that I will give you a scenario and we will analyze it. Civil and Criminal Law Goals and Objectives The first thing that we will cove is the goals and objective of the criminal and civil laws. Civil laws are meant for one thing. That one thing is to protect an individual rather than the public interest. It works a lot with the constitutional rights of people. Criminal law is along the same lines with civil laws. The only difference is that criminal law is meant to protect the public and help maintain social order and stability. These are the objectives of the civil and criminal laws. Difference in remedies and outcomes As far as criminal law there are a multiple amount of possible outcomes. A list of possible is prison which could be state or federal, county jail, probation, etc. As far as the civil law goes, it is much different. Normally a majority of civil law outcomes are simply a monetary settlement (settlement involving money) or restraining orders. This explains the different possible outcomes of both criminal and civil law. Commencement of each case Now we...
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...Criminal law, also known as penal law, refers to different jurisdictions of various bodies of rules whose general characteristic is incomparable and often impose punishment for failure to comply. Criminal punishment includes execution, loss of liberty, government supervision (either parole or probation), or fines depending on the offense and jurisdiction. Murder is one example of some of the archetypal crimes, but the acts that are prohibited are not entirely consistent between different criminal codes, and even among a particular code lines may be confused as civil infractions give rise to criminal consequences. Criminal law is typically enforced by the government. Civil law, or branch of law, deals with disputes between organizations and/or individuals, in which compensation may be given to the victim. Civil courts provide a confabulation for deciding disputes involving torts (such as libel, accidents and negligence), contract disputes, property disputes, the probate of wills, trusts, commercial law, administrative law, and other private matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an...
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...society which people are considered highly protected by laws. This peaceful atmosphere could be termed as the ‘Queen’s peace’. The origin of the queen’s peace is the general peace of the person’s and property protection in medieval times and transformed to the entire royal domain by the authority of the British monarch, when the monarch is a queen. The queen’s peace is vital to protect the personal property and the peace of the society which would makes people tend to live in a comfort and peaceful circumstance without people hurting or killing each other by the protection of the settlement of law. According to Uwede-Meshack (n.d.), Hart states that law is a union of primary and secondary rules....
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...Running head: CIVIL AND CRIMINAL CASES Civil and Criminal Cases Lawanda Hall Kaplan University PA 101: The Paralegal Professional David Bondanza There are many distinctions between civil and criminal cases. There are also many differences in the way these cases are handled. In order for us to understand them, we must first know and understand what they are. Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In a civil case the plaintiff can be an individual, corporation or government agency. Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. A criminal case is intended to accomplish this by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate those (Goldman & Cheeseman). At the beginning of a federal criminal case, the main characters are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to require a defendant to stand trial. According to William Geldart, "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue...
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...Answer Answer Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. ANSWER 2 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence...
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...known as law. Although the rules might be different from one nation or society with another one, but it is important and necessary in regulating human’s behaviour. Law tells us what we should do and should not do. In every nation or society, there are different type forms of rules and laws. Rule is form through morality or customs while law is enforced by the state or courts. If one break the law, you need to be punished either by fine or go to prison. English law has been in existences for a very long time nearly a millennium year. Before the Norman Conquest, different area of England is governed by their own set of laws which is different with other state or area. After Noman Conquest during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
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...Relationship Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different...
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...Scenario Involving Civil Liability and Civil Action Jacquelyne Anderson Professor Phillip Edwards CJ499-01 September 14, 2014 In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action. When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit the description, and walked toward them. Officer Jones identified himself, and told the individual to stop. Unfortunately, this individual did not stop, and kept on walking from the officer, and the officer shouted again identifying himself, but this time the individual stopped. When the individual stopped he looked at the officer and there was a big bulge in his right pocket, but refused to put his hands where the cop could see them. The subject began...
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...be heard attorneys of all kind will be needed. Criminal attorneys handle cases that consist of an individual or company that are charges with breaking the law and Civil attorneys handle cases that consist of disagreements of contracts, property, child custody, divorce, and personal and property damages. Criminal lawyers defend a person or company that is charges with breaking the law. Criminal lawyers deal with the issues surrounding the arrest, a criminal investigation, criminal charges, sentencing, appeals and post-trial issues. Criminal lawyers may also help a person before charges have been filed by a prosecuting attorney. A person may hire a defense attorney to help with counsel and representation dealing with the police or other investigators and perform their own investigation, Should there be a violation of a person’s Constitutional right, such as unlawful search and seizure; a defense attorney is used to prepare for a trial. A defense attorney helps with any proposed settlement agreements between the client and prosecutor. A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal injury laws, probate laws, real estate laws, tax laws, etc. Civil law is a branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. A civil lawyer not only represents the client in a legal...
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...Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence the case is brought on...
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...German Law system Public Law * Public law rules the relations between a citizen or private person and an official entity or between two official entities, e.g. a law which determines taxes * Public law was formerly based on the so-called "superiority inferiority relationship", means that a public authority may define what is to be done, without the approval of the citizen. * E.g., if the authority orders a citizen to pay taxes, the citizen has to pay, even without an agreement. * In return, the authority has to abide by the law and may only order, if empowered by a law. * The newer theory to determine, whether a regulation is public or civil law, is the modified theory of subjects: if at least one of the subjects is part of the state or is legally empowered to act on behalf of any part of the state. Constitutional law * The constitution is called the Grundgesetz (Basic Law) because the drafters saw this legal part as a provisional document, to be replaced by the constitution of a future united Germany. * In reaction to National Socialism, the basic law shows mistrust towards its own people and its own government and was created as a reaction to the problems of the Weimar Constitution. * The constitutional law (Verfassungsrecht) deals mostly with Germany’s constitution and the rights and duties of the various institutions. * A major part are the Civil rights which are first in the basic law (Grundgesetz) and from which everything...
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...the civil courts, the criminal court and the differences between the two hierarchies. The purpose of this article is to inform the readers about the court structure and role of the different courts. A diagram of the court structure Supreme Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions hears appeals from the crown courts. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Crown court- deals with indictable criminal cases that have been transferred from the Magistrates’ Courts, including hearing of serious criminal cases (such as murder, rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. The county court also deals with civil (non-criminal) matters. Magistrates courts trials of summary offences, committals to the crown court, family proceedings court and youth courts. Magistrates’ courts- hears all criminal cases. Serious criminal cases...
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