Difference Between Civil Law And Criminal Law
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Civil law is dominant legal tradition today in most of Europe, all of Central and South America, parts of Asia and Africa. The origin of civil law is form the Roman law. Civil law is concerned with the rights and duties of individuals or organizations towards each other. Violation of these established rights duties are known as TORTS. The main one affecting health and safety being that of negligence. The aim of civil law is to control or regulate dealings between private individuals and compensate injured party who has suffered loss or harm to person or property. Civil Cases comprise an action brought by one person against another in order to seek restitution for some form of wrong-doing. For example, in an accident, the victim will lodge a police report on the accident and no suffer injuries. Then. The victim can sue the wrong-doing under the tort of negligence for causing damage to his car and claim damages in compensation. Burden of proof is on the plaintiff. The plaintiff who has brought the complaint or suit must prove that the defendant is liable or responsible for the plaintiff’s harm or loss. The standard of proof is on a balance of probabilities. The outcome of trial for civil case is compensation for loss or harm suffered.
Criminal law is concerned with offences against society generally. Criminal law deals with crimes. Crimes are actions which violate the basic rules and principles by which society lives. There are many
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Introduction A case was reported in the California civil courts where Dawn Diaz sustained injuries after she was hit by a car that geared of the freeway after colliding with a truck. Diaz sued Karen Tagliaferri, the car driver and Jose Carcamo the truck driver, working for Sugar Transport for the damages. Besides, Carcamo’s employer was also sued on the basis that the employer was vicariously liable for the damages, and the company was negligent for hiring and retaining Carcamo. The jury ruled that the defendant was guilty and would meet a fee of $22,566,373 for damages sustained by Diaz and fault was apportioned to Tagliaferri, Carcamo, and Sugar Transport Company.
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A world without laws would take us back to the stone age meaning without them we would be lost. The definition of criminal law is a system of law concerned with the punishment of those who commit crimes. Having a sense of morality is a necessity when concerning law and also the main purpose of law. Laws let us know what is right and wrong and minimizes mischief to individuals in society. Lippman (2013) revealed The New York criminal code that sets out the basic purposes of criminal which are: • Harm.
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The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?
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cost/time- the time to resolve the issue will be quicker thus significant fees are avoided 2. secrecy- the process will stay confidential along with the outcome 3. risk- both parties can agree to specific terms to reduce risk Difference between Civil and Criminal trials It is important to emphasize that civil proceeding (which refers to suing, demanding, or filing a lawsuit) is totally different from any criminal proceeding.
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Yi Ding BUSN201-86N Ms. Richards 19 June 2016 Tort reform Nowadays, tort reform is a controversial problem in the United States. By comparing the pros and cons of tort reform from different aspects, I think that tort reform is necessary. The textbook, “Business law today” (2014), clarifies that tort is a wrongful act that results in harm or injury to another and leads to civil liability.
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A criminal is someone that commits criminal like activities such as murder, theft, arson, robbery, etc. with the intent to harm another person and/or pursue personal goals. There is no constraint as to who can be a criminal; criminals do not have to be a specific race, gender, age, or particular sexuality. Some, if not most, criminals commit crimes due to either have learned the behavior, have the ability to do so freely, or their connection with social bonds.
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Typical Civil Law cases or lawsuits fall under Tort Law, Family Law, Contract Law, Labour Law, and Property Law. The main purpose of Civil Law is to compensate for harm. It is usually in the form of damages and the money awarded to a plaintiff for harm, loss, or injury. In many cases, the legal system may choose to bring in alternate dispute resolutions that can help solve civil disputes without having a formal trial. One thing the Canadian legal system can bring in is mediation to help resolve the situation.
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In America, the judiciary has a legal system that helps solve any personal, economic, social, and political problems or cases. These cases are withheld in a court and presented to a judge and either a grand, petite, or hung jury to finalize their jurisdiction on the problem. In this essay, I will explain the structure of the Texas court system and their type of cases. To start, civil and criminal cases are two types of cases in this legal system. Civil cases handle private rights and remedies, personal injury suits, divorces, child custodies, or breach-of-contracts.
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Profiling and US Amendments Gabriel Anthony Farias Fresno State University Just what is the difference between criminal and racial profiling? Is there a difference? In this essay, I will define and give a brief comparison between the two. I will also define and discuss possible violations of the fourth and fourteenth amendment of the United States Constitution. At the end, the reader should understand the difference between the two distinct types of profiling, and acknowledge that specific circumstances may cause a violation to one amendment, without directly affecting another.
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Origin and History of the Criminal Justice System The Criminal justice system is a system that was made to control crime and make punishments to whoever break a law or rule. The beginning of the criminal justice system of the United States goes all the way back when the United States still belonged to the Great Britain. Americans were under Great Britain laws and rules and most of the laws were unfair. After the Revolutionary War and the United States became independent and they needed to create their own types of system to run their country.
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Crime is any act which breaks the laws of society, such as murder, rape, speeding etc. Social control is enforced by agencies such as police and the courts, more specifically defined than deviance. Deviance is behaviour which moves away from controversial norms and values such as burping, pass wind in public and queuing. It Can be positive e.g. extreme intelligence. Although in some situation in nature – time dependent of factors, place, who is involved.
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There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
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Assignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.
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Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.
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