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Explain the differences between Civil and Criminal law with respect to the role of the State and civil and criminal liability.

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Introduction

Assignment 2. Explain the differences between Civil and Criminal law with respect to the role of the State and civil and criminal liability. Law covers a huge amount of different areas. For this reason, it is split into its two main categories of Civil and Criminal law. Each of these covers different aspects of the law. The differences between these types of law lie not in the actual conduct or acts that have caused the need for the law to become involved, but rather in the legal consequences that are to come of this conduct. Criminal law is a sub-division of public law, meaning that always it involves the State or government in some way. ...read more.

Middle

Sentencing in criminal trials is always a punishment. There are a lot more rules of civil law than criminal as civil law covers any aspects not covered by criminal law. Civil law is often referred to as private law as it involves disputes between individuals or individual companies with each other. Civil law involves such areas as tort, inheritance law, family law and contract law, as well as many other areas. Its purpose is to uphold the rights of the individual. The purpose of civil cases is to investigate the dispute and decide whether or not there has been a breach of these rights and then whether or not the defendant is liable to pay compensation. ...read more.

Conclusion

but the case must only be proven on "the balance of probabilities", meaning that the plaintiff must prove only that it is more then likely that the defendant is liable. Both types of law also have their own courts. Criminal cases are heard in Magistrate's Courts or Crown Courts, whereas Civil cases are heard in County Courts or high Courts. Sometimes, a defendant can have double liability meaning that they have been in beach of both types of law. This means that two court hearing have to take place. Double liability occurs where a crime is committed and in the course of that, an individual's rights are breached. The distinction between civil and criminal law is immensely important as it affects which courts the case will be heard in, who starts the case, how the case will be started, and most importantly, which powers the judge will have. Suzi Duncan ...read more.

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