• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of ...

    3 star(s)

    This section does not allow a constable to do any of the above unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.' ______ The right of freedom of movement must be maintained within this section.

  2. There are four different types of law, criminal, civil, common and statuate. In this ...

    The police are the first and foremost line of defence for the general public against crime and threatening individuals. So discipline has got to be at the greatest level of all of the emergency services, else the results could be devastating.

  1. Study the concept of Reasonable man and reasonability in tort law.

    One judgment at first instance has been traced in England holding that it is the standard of a reasonable child of defendants age which should be adopted to govern the liability of the child. 2.Other categories of persons It is unclear to what extent if at all the standard of

  2. Criminal Law (Offences against the person) - revision notes

    and AR. They can be regarded as alternative charges to each other. E.g. Savage and Parmenter 1991 4. S47 is judged Objectively (was the victim in fear?) S20 GBH is entirely Subjective (was the defendant intending or recklessly regarding the victims harm?)

  1. Explain the need for discipline in at least two public services. Analyse the role ...

    of discipline and structure the people in higher ranks are responsible for lower ranking soldiers and they are to make sure they behave appropriately something which was certainly not done here. Mr. Antonio Taguba stated that US soldiers had carried out "egregious acts and grave breaches of international law" There

  2. Vicariouis liability and article 21

    an act through another is deemed tin law to do it by himself".5Liability arises only when the act is done by the servant under the course of employment. As Lord Pearce has shortly exclaimed "vicarious liability is based on, social convenience and rough justice"6.

  1. Pre Trial Procedure in Criminal Cases

    * Any decision can be changed at any point. Statistics show that most prosecuted people are summonsed to court rather than charged. Bail is irrelevant as people are automatically at liberty. 9.2.2 The Bail Act 1976 For indictable offences a summons is less common. A person issued a summons is free until they turn up at court.

  2. The Age Of Criminal Responsibility

    the eight year old from a shopping centre in Merseyside, tortured him then left him for dead on a railway line. This case is significant in that if the age of criminal responsibility at the time of the murder was not set at ten, then James's killers could not have been prosecuted and there would have been outrage.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work