CRIMINAL LAW

CIVIL LAW
Wrong done to the state (Public law)-
moral fault: actus reus (prohibited act) &
mens rea (guilty mind)

Governs relationship between individuals
(Private law)- e.g. contract, tort

Prosecution commenced by the state (after
offenders arrest by police).
Action taken by a party seeking
compensation for a loss

Successful prosecution will result in the
finding of guilt against the accused and
causes the accused to be punished (e.g. by
fine, imprisonment)

Successful action results in the finding of
liability against the Defendant and allows
the claimant (Plaintiff) an award of
damages (monetary loss)

Standard of proof: Beyond Reasonable
Doubt i.e. there is a presumption of
innocence; the prosecutor must prove
beyond reasonable doubt that the accused
committed the crime
Standard of proof: Balance of
Probabilities i.e. the plaintiff must prove
on a balance of probabilities that the
defendant has committed the breach

Purpose: to punish an accused for a
wrongdoing/ criminal act
Purpose: to compensate the Plaintiff for
loss caused by Defendants negligent act.

Parties: DPP v Jones


(Prosecutor v Accused)

Takes action Defends action & casts
on behalf of doubt on prosecutions
the state case
Parties: Donoghue v Stevenson

(Plaintiff v Defendant)


Takes action Defends action