Assignment no.

1
Business law and Taxation

Submitted to: Dr. Zeeshan

Submitted by: Group 2
Members
Wasim Cheema
Syed Ali Haider
Ali Haider
Arslan Arif
Usman Zaman
M. Abubakar
Semester: BBA 8th
LBS

UNIVERSITY OF LAHORE (CHENAB CAMPUS)

Difference Between Civil and Criminal Law

 Civil Law Criminal Law
Definition Civil law deals with the disputes Criminal law is the body of law
between individuals, organizations, or that deals with crime and the
between the two, in which legal punishment of criminal
compensation is awarded to the offenses.
victim.
Purpose To deal with the disputes between To maintain the stability of the
individuals, organizations, or between state and society by punishing
the two, in which compensation is offenders and deterring them
awarded to the victim. and others from offending.
Case filed by Private party Government

Decision Defendant can be found liable or not Defendant is convicted if guilty

liable, the judge decides this. and acquitted if not guilty, the
jury decide this.
Standard of proof "Preponderance of evidence." "Beyond a reasonable doubt":
Claimant must produce evidence
beyond the balance of probabilities.
Burden of proof Claimant must give proof however, "Innocent until proven guilty":
the burden may shift to the defendant The prosecution must prove
in situations of Res Ipsa Loquitur (The defendant guilty.
thing speaks for itself).
Types of punishment Compensation (usually financial) for A guilty defendant is subject to
injuries or damages, or an injunction Custodial (imprisonment) or
in nuisance. Non-custodial punishment
(fines or community service).
In exceptional cases, the death
penalty.
Examples Landlord/tenant disputes, divorce Theft, assault, robbery,
proceedings, child custody trafficking in controlled
proceedings, property disputes, substances, murder, etc.
personal injury, etc.

Appeals Either party (claimant or defendant) Only the defendant may appeal
can appeal a court's decision. a court's verdict. The
prosecution is not allowed to
appeal.

Explanation
Definitions
Criminal laws at the local, state and federal level define criminal activities and establish legal
punishments for those convicted of crimes like arson, assault and theft. Criminal law cases are
only conducted through the criminal court system.
In contrast, civil laws deal with the private rights of individuals. Civil laws are applied when an
individual has had his or her rights violated or when individuals have disputes with other
individuals or organizations. Some matters of civil law are handled outside a court of law, such
as through a third-party mediator. Alternatively, lawsuits may be resolved through a non-
criminal trial.
Burden of Proof
Criminal courts and civil courts have different standards. In a criminal court, a defendant is
either acquitted or found guilty beyond a reasonable doubt. It is the responsibility of the state or
federal government to prove that the defendant undoubtedly committed the crime.
In a civil court, a plaintiff brings a lawsuit against a defendant. The burden of proof falls on the
plaintiff, who must prove that it is more likely the defendant was responsible for the problem
than not. If a jury decides that a defendant was responsible, that defendant is said to be liable
rather than guilty.
3. Legal Penalties
In a criminal case, a judge sentences a defendant who is found guilty by a jury. The judge must
follow the sentencing guidelines established by current criminal law. Within those sentencing
guidelines, the judge has some discretion. Legal penalties in a criminal case may include
incarceration, probation and fines.
In a civil case, a defendant who is found liable for an act of wrongdoing can be ordered by the
jury to pay damages (financial compensation) to the plaintiff. Compensation can be awarded for
quantifiable losses such as medical bills, or for subjective losses such as pain and suffering.
Sometimes, a jury may award additional punitive damages.

 Reference:
https://www.gcu.edu/blog/criminal-justice-government-and-public-administration/3-
differences-between-civil-law-and
https://open.lib.umn.edu/criminallaw/chapter/1-3-the-difference-between-civil-and-
criminal-law/
https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law