• 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...


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.


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.


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

    Police powers

    4 star(s)

    The accused must be told the reason for the delay in allowing legal advice. S.40 shows the rules relating to continuing detention. Detention of a suspect is to be reviewed after 6 hours of detention; then further reviews are to be made not later that 9 hours after the first

  2. Marked by a teacher

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

    3 star(s)

    Most arrests take place without a warrant, this is necessary because it is not always practical for an officer to obtain one. They can arrest a suspect without an arrest warrant for an arrestable offence: crimes with fixed sentences or with a sentence of more than 5 years.

  1. 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.

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

    The overall test was did the defendant behave like a reasonable man in regard for the safety of others to be expected of a competent player of his class? 7.Knowledge people are deemed to know those things which adults from their experience are expected to know.

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

    - Not conscious of what they are doing - However, it is not involuntary when the defendant fails to control an impulse Broom v Perkins (1987) - Broom drove home & on arrival noticed the car was damaged. Attempted to defend with insane automatism - a state of glaze Not

  2. Should Capital Punishment be enforced

    I did not come to destroy but to fulfill. For assuredly, I say to you, till heaven and earth pass away, one jot or one title will by no means pass from the law till all is fulfilled. Whoever therefore breaks one of the least of these commandments, and teaches men so, shall be called least in the kingdom

  1. Distinction Between Criminal And Civil Law.

    The state plays no part in Civil Law. Civil Law has many different branches. The main ones are contract, tort, and family law, law of succession, company law and employment law. Other divisions of civil law concentrate on particular topics.

  2. Pre Trial Procedure in Criminal Cases

    may grant bail before first appearance in magistrates court, and the magistrates in turn may grant bail each time the defendant appears before them. If the magistrates refuse bail, you are entitled to a hearing in front of judge in crown court and the bail amendment act 1993 gives the

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