WebCommon And Civil Law Legal Systems Law Essay Common Law Legal System. blogger.com () suggests that This system was originated from England in the WebEu Law Directions Premium This is a Premium Document. Some documents on StuDocu are Premium. Upgrade to Premium to unlock it. Civil Law Essay jurists University The Web22/11/ · Civil Law Aims, Parties, Why we require civil law and areas of civil law. A civil case is a lawsuit between one person (or organisation) against another. To right a
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Disclaimer: This paper has been submitted by a student. This is not a sample of the work written by professional academic writers. Any opinions, findings, conclusions or recommendations expressed in this work are those of the authors and do not necessarily reflect the views of StudySaurus, civil law essay. Criminal and civil laws are important in bring justice to the victims. However, they follow certain procedures while administering justice. Criminal law solves cases involving crimes while civil law solves cases involving disputes between private parties. This article explains the definition of both laws, their importance, the party that files cases, how the system works, decisions made, standard of proof, burden of proof, jury opinion, civil law essay, example of cases and the similarities of both laws.
Criminal law is a structure of law that deals with crimes and the legal punishment given on criminal offenses while civil law is a body of law that deals with disputes between people, organizations or between this two whereby compensation is give to the victim. The importance of Civil law is to solve cases between individuals and organizations or between the two, civil law essay. In this law, compensation is awarded to the victim. The role of criminal law is to ensure the stability of the state and society by punishing law offenders and deterring them and other potential ones from offending William, Criminal law protects the interest of the public by punishing and rehabilitating lawbreakers.
In Civil law, civil law essay, cases are filed by disputing private parties while in criminal law cases are filed by the government. Civil cases starts when a complaint is filed by one of the parties involved in dispute. The party may be an individual, civil law essay, organization or a company. The party complaining is known as the plaintiff, the party responding is the defendant, and the process is known as litigation. In civil litigation, the plaintiff asks the court to order the defendant to correct a wrong. In most cases, the remedy is in monetary form. In contrast, the government, referred to as civil law essay state represented by a prosecutor against the defendant, files criminal cases.
Nobody can file a criminal case against another person. Any individual may report a crime but only the government is liable in filling criminal charges in court. Crimes are activities that are punishable by the government William, However, they are divided into two categories of seriousness: misdemeanors are crimes with sentence of one year or less incarceration and felonies are crimes with sentence of more than one year incarceration. Police and prosecutor are hired by the state to enforce criminal law. These services are paid using public funds. If you are a victim of crime, you are required to report to the police to start investigation on the matter and find the suspect.
If the charge is well presented and there is enough evidence supporting it, the state prosecutes the suspect in court. This system is called public prosecution William, Civil law deals with private disputes. It deals with harm, loss, or injury to one party by the other. A defendant in civil case civil law essay found either liable or not liable for damages, whereas in a criminal case defendant is ruled either guilty or not. In civil law, the judge civil law essay whether the defendant is liable or not liable. It is the work of the judge to civil law essay on this case and make the best ruling. In criminal law, the defendant may be convicted if he or she is found guilty and acquitted if not found guilty.
It is the mandate of the jury to decide if the defendant is guilty or not William, civil law essay, More evidence is required to prove the accused is at fault in criminal cases than to find the defendant is guilty in civil ones. In order to convict an individual of a crime, the prosecution must show enough evidence civil law essay proof beyond a reasonable doubt that the individual convicted actually committed the crime and in some cases, they had intention to commit it. Judges and juries must be certain the person committed the crime before convicting him to be guilty Kelsen, Their decision should not be based on believe that the individual committed crime. There must be sufficient evidence to convince them. Civil cases contrast criminal cases in that they are proven on a balance of probabilities.
Whether likely or unlikely that the defendant caused loss or harm the court can decide to uphold a civil claim. In criminal law, civil law essay, the government bears the burden of proof in order to prove that the defendant is guilty. In this law, the defendant is presumed to be innocent until he or she is proven guilty by the government through the judges. In case of civil law, first the burden of proof lies with the plaintiff and later with the defendant to refute the evidence given by the plaintiffs. There is notable difference in the type of punishment given in criminal and civil laws, civil law essay. In case of criminal case, an individual found guilty civil law essay punished by incarceration civil law essay prison, fine while in some cases the defendant is given death penalty.
Whereas, in cases of civil law the losing party has to reimburse the plaintiff, the amount of loss is determined by the judge and is known as punitive damage. It is clear that criminal litigation civil law essay more serious and strict than civil litigation Kelsen, civil law essay, This implies that criminal defendants possess more rights and protections than a civil defendant does. Civil law is not strict and does not protect defendants because the judge gives ruling according to his or her believe. There civil law essay several examples of cases dealing with criminal and civil law, civil law essay, criminal law cases include the following theft, robbery, murder, assault and trafficking illegal substances while civil cases include the following cases landlord and tenant disputes, child custody proceedings, civil law essay, personal injury, property disputes and divorce proceedings William, From the above sample cases, it is clear that criminal law deals with more serious cases compared to civil law.
Criminal cases carry more weight than civil cases. In civil cases, civil law essay, it is not a must the opinion of jury to be unanimous because laws vary from one state to another while in criminal justice system the jury must agree unanimously before convicting a defendant to be guilty William, In these laws, both parties bringing the case may decide to drop the cases if they find the evidence is too weak. The process involved in both cases may take a lot of time causing delays. The party bringing the case bears the burden of proof.
Both laws allow parties to defend themselves. There is examination, cross-examination, and re-examination of witnesses in both laws. Both laws aim at bringing justice to the victims, civil law essay. Both cases end up with orders from the court. Both laws require judicial officer to preside the cases Kelsen, StudySaurus is run by two uni-students that still get a kick out of learning new things. We hope to share these experiences with you. Stuck on Your Essay? Search For Search. Home Knowledge Base General Essays Criminal Law and Civil Law Essay. Abstract Criminal and civil laws are important in bring justice to the victims.
Definitions Criminal law is a structure of law that deals with crimes and the legal punishment given on criminal offenses while civil law is a body of law that deals with disputes between people, organizations or between this two whereby compensation is give to the victim. Purpose The importance of Civil law is to solve cases between individuals and organizations or between the two. Case Filed by In Civil law, cases are filed by disputing private parties while in criminal law cases are filed by the government. How the System Works Police and prosecutor are hired by the state to enforce criminal law. Decision In civil law, the judge decides whether the defendant is liable or not liable. Standard of Proof More evidence is required to prove the accused is at fault in criminal cases than to find the defendant is guilty in civil ones.
Burden of Proof In criminal law, the government bears the burden of proof in order to prove that the defendant is guilty. Punishment There is notable difference in the type of punishment given in criminal and civil laws. Examples of Criminal and Civil Cases There are several examples of cases dealing with criminal and civil law, civil law essay, criminal law cases include the following theft, robbery, murder, assault and trafficking illegal substances while civil cases include the following cases landlord and tenant disputes, child custody proceedings, personal injury, property disputes and divorce proceedings William, Jury Opinion In civil cases, it is not a must the opinion of jury to be unanimous because laws vary from one state to another while in criminal justice system the jury must agree unanimously before convicting a defendant to be guilty William, Similarities Between Criminal and Civil Law In these laws, both parties bringing the case may decide to drop the cases if they find the evidence is too weak.
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WebCommon And Civil Law Legal Systems Law Essay Common Law Legal System. blogger.com () suggests that This system was originated from England in the Web22/11/ · Civil Law Aims, Parties, Why we require civil law and areas of civil law. A civil case is a lawsuit between one person (or organisation) against another. To right a WebEu Law Directions Premium This is a Premium Document. Some documents on StuDocu are Premium. Upgrade to Premium to unlock it. Civil Law Essay jurists University The
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