- 6 Marks
Question
Criminal law and civil law are differentiated in the legal system.
Required:
Explain briefly THREE differences between criminal law and civil law. (6 Marks)
Answer
- Purpose:
- Criminal Law: The primary objective is to punish individuals for offenses against the state or society and to deter future crimes.
- Civil Law: Its main purpose is to resolve disputes between individuals or entities and provide compensation for harm or damages.
- Parties Involved:
- Criminal Law: The case is initiated by the state or government (prosecution) against an individual or organization accused of a crime.
- Civil Law: The case is brought by one private party (the plaintiff) against another private party (the defendant) to resolve a legal dispute.
- Burden of Proof:
- Criminal Law: The prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” a higher standard of proof due to the potential consequences of punishment.
- Civil Law: The plaintiff must prove the case “on the balance of probabilities,” meaning it is more likely than not that the defendant is liable.
- Tags: Civil Law, Criminal Law, Legal System
- Level: Level 1
- Topic: Introduction to Law
- Series: NOV 2019
- Uploader: Dotse