Explain and illustrate the main distinctions between civil and criminal law.

Authors Avatar

Explain and illustrate the main distinctions between civil and criminal law.

(20 marks)

This question is designed to provide a clear explanation and illustration of the main distinction between criminal and civil Law.  The civil justice system is designed to decide disputes between individuals.  Criminal Law serves to maintain law and order, to protect society.

Civil claims will arise when an individual or a business believes that their rights are being infringed in some way.  Civil cases cover a wide range of issues, as there are different areas of civil law.  These include:

  1. Contract law
  1. Tort law
  1. Family law
  1. Employment law
  1. Company Law

The criminal justice system affects large numbers of people.  Criminal law is central to the relationship between law and society.  It looks to regulate behaviour; it provides sanctions against those who break those rules.  It can be classified as a formal mechanism of social control.  It is formal because the rules set by the law can be strongly enforced through the courts and legal system.

Join now!

In civil cases, the party starting the case is called the claimant and the order party is the defendant.  The person who commits a wrong or breaks a contract or trust is said to be liable or responsible for it.  In the civil proceedings the defendant can either be liable or not liable.

An example of a civil case that can be used to illustrate this is the;

(Entores Ltd v Miles Far Eastern Corporation) 1955

The plaintiff, who conducted a business in London, made an offer to the defendants' agent Amsterdam by means of a ...

This is a preview of the whole essay