CIVIL LAW AND CRIMINAL LAW

Civil Law
Civil Law is a form of private law and involves the relationship between individual citizens. It is to settle disputes between individuals and to provide remedies. It is not concerned with punishment. The activation is by the individuals concerned. Eg. Contract, tort and property law. Parties bring case Brown v Smith

Civil Law
Claimant sues, or brings a case against a defendant i.e.. the person wronged sues. Degree of proof is balance of probabilities. Claimant may discontinue at any time. The Crown cannot interfere to prevent the maintenance. The Crown cannot pardon a civil wrong. The consent of the victim will in most cases prevent him from suing.

Criminal Law
Criminal law is an aspect of public law and relates to conduct which the State disapproves and seeks to control. Involves enforcement of particular forms of behaviour. The State, a representative of society, acts positively to ensure compliance. State brings the case R v .

Criminal Law
The prosecution is required to prove that the defendant is guilty beyond reasonable doubt The Crown may pardon a crime. The Crown may put an end to the prosecution by the entry of a nolle prosequi. The consent of the victim is usually irrelevant to a criminal charge. Eg. Assault.

Civil & Criminal

The same event may give rise to both a civil and a criminal action

 Marcia C. Robinson (Mrs.) LLB, MBA, BSC. (Hons.) Attorney at-Law