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Distinguishing the criminal and civil law

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Introduction

Distinguishing the criminal and civil law Before explaining some differences between civil and criminal functions and purposes, we must have some idea of the nature of law "law is asset of rules which prohibit us from doing curtain things on pain of punishment and which exist for the settling of disputes between people and recognized legal entities and between privet individuals" (Roger Thomas dose 2003-2004 p.7.). As roger Thomas said there should be a set of rules for each individual to prohibit him from doing things which are not right, therefore there is a parliament and other different bodies which sets the rules for the environment. ...read more.

Middle

a civil wrong, in the modern law the emphasis in tort has developed very much towards a law of interrelated duties as a result, and the law of negligence has achieved increasing importance, And had developed humorous individual aspects. As Michel Jones puts it more simply: "the law of tort is primarily concerned with providing a remedy to person who has been harmed by the conduct of others" (Chris turner/tort law, chapter 1; 2003) It is important to realize that civil law is very different from criminal law. Criminal law is a part of public law, while civil law is the separate category of private law. ...read more.

Conclusion

A person who commits a crime is said to have offended against the state, and so the state has the right to prosecute them. Even the standard of proof is different in civil and criminal cases. Criminal cases must be proved "beyond reasonable doubt", where is in civil cases have only to be proved "on the balance of probabilities". So as I have distinguished civil and criminal law I'll conclude with the words of Sir John Salmond by defining law in general "the body of principles recognized and applied by the state in the administration of justice". Law could be also described as a formal mechanism of social control. (Jacqueline Martin p-3 AQA law). ...read more.

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