1. Write any 5 differences between Criminal Law & Civil Law.
Answers
Answer :
CIVIL LAW ...
1. Civil Law is a general law which solves disputes between 2 organisations or individuals. As per Civil Law the wrongdoer will have to compensate the affected organisation or individual. Civil Law deals with Property, Money, Housing, Divorce, custody of a child in the event of divorce etc.
2. Civil Law is initiated by the aggrieved individual or organisation or also known as ‘plaintiff.
3. In case of Civil Law, to start a case, the aggrieved party needs to file a case in the Court or Tribunal.
4. The objective of Civil Law is to protect the rights of an individual or organisation and make sure that he or the concerned organisation receives the compensation for the wrongs that they have suffered.
5. In the case of Civil Law, there is no punishment like Criminal Law, but the aggrieved party receives the compensation and the dispute gets settled.
CRIMINAL LAW ...
1. Criminal Law deals with offences that are committed against the society. It mets out varying degrees of punishment commensurate with the crime committed. Criminal Law will deal with serious crimes such as murder, rapes, arson, robbery, assault etc.
2. The Government files the petition in case of criminal law.
3. As per Criminal Law, to start a case, a petition cannot be filed directly in a court, rather the complaint should be first registered with the police, and the crime needs to be investigated by the Police. Thereafter a case can be filed in the court.
4. The purpose of Criminal Law is to punish the wrongdoers and protect society, maintain law and order.
5. In the case of Criminal Law, punishment is meted out as per the seriousness of the criminal offence committed or a fine could be imposed.
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Answer:
Here are five key differences between Criminal Law and Civil Law:
- Purpose: The main purpose of criminal law is to punish offenders who have committed crimes against society, such as murder, theft, and assault. In contrast, civil law deals with disputes between individuals or organizations, such as contractual disputes or cases involving personal injury.
- Burden of Proof: In criminal law, the burden of proof is on the prosecution, who must prove beyond a reasonable doubt that the accused committed the crime. In civil law, the burden of proof is on the plaintiff, who must prove their case by a preponderance of evidence, meaning that it is more likely than not that their claims are true.
- Punishment: Criminal law focuses on punishing offenders by imposing fines, imprisonment, or even the death penalty. Civil law, on the other hand, seeks to compensate victims of wrongdoing by awarding damages or other forms of equitable relief.
- Standard of Proof: As mentioned above, criminal law requires proof beyond a reasonable doubt, which is a high standard of proof. In contrast, civil law requires only a preponderance of evidence, which is a lower standard of proof.
- Parties Involved: In criminal law, the parties involved are typically the state or government versus the accused. In civil law, the parties involved are usually individuals or organizations that are in dispute with each other.
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