Elaisa Mae V.

Sebastian

BSACC-1 BLK 1

ASSIGNMENT FOR MODULE 1

Laws on Obligation and Contract

QUESTION:

Differentiate Civil law from criminal law and give an example to support your answer.

Criminal law seeks to punish for an offence. Civil law seeks to achieve a remedy such
as compensation for the injured party. Other important distinctions include: By handing
out a punishment or penalty, criminal law aims to deter offenders and others in society
from offending.
In criminal cases, for example, only the federal or state government (the prosecution)
may initiate a case; cases are almost always decided by a jury; punishment for serious
(felony) charges often consists of imprisonment but may also include a fine paid to the
government; to secure conviction, the prosecution must establish the defendant's guilt
"beyond a reasonable doubt"; and defendants are protected against police or
prosecutors engaging in conduct that violates their rights (Fifth Amendment).
In contrast, in civil cases, cases are initiated (suits are filed) by a private party (the
plaintiff); cases are usually decided by a judge (though significant cases may involve
juries); punishment almost always consists of a monetary award and never consists of
imprisonment; to prevail, the plaintiff must establish the defendant's liability only by the
"preponderance of evidence"; and defendants do not have the same legal protections
as criminal defendants.