Outline three differences between criminal law and civil law
Criminal law | Civil law |
This is the law that deals with wrongs committed against the state and is punishable by the state | This is a branch of law that regulates the relationship of individuals amongst themselves
|
The state is directly interested in such disputes as crime is a public wrong committed by an individual against the state. The state prosecutes such offences on behalf of the aggrieved. | The state has no direct interest in such conflicts and the aggrieved will file his case in person or through his lawyer of choice |
Parties are known as prosecution on one side verses defense on the other side. | Parties are known as plaintiff on one side verses defendant on the other side. |
Proof of criminal liability shall always be beyond reasonable doubt. | Proof of civil liability shall be on a balance of probability. |
Parties cannot compromise and withdraw the case from court hence it must move to final legal conclusion. | Parties may compromise and withdraw the claim from court before its final legal conclusion |
Aim of punishment in criminal law is retribution and deterrence hence punishment is severe and includes; death penalty, imprisonment, fines, community service and probation. | Aim of punishment in civil claim is restitution and compensation hence the punishment is not as severe as that of criminal law and includes: damages, injunction, specific performance, rescission, and appointment of receiver, attachment and sale of property, civil jail. |
Share through