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