Monday, August 16, 2010

English low ( Civil law, criminal law)


Criminal law:- The main objective is to regulate society by threat of punishment. A crime is an offense against the state. The state prosecutes a person who is accused of a crime. The object is to prove guilt. Burden of proof is that – guilt /fault must be proved beyond logical/practical doubt.
The criminal court will sentence the defendant and it may fine him or impose a period of imprisonment.

Civil law:- Civil law is sets out the right and duties of persons as between themselves. An action is brought by one person (the claimant) against another (the defendant). The object is to show liability or responsibility/accountability.  Burden of proof is that liability/responsibility must be proved on the balance of probabilities.  Objectives-usually financial compensation to put claimant in the position he would have been in had the wrong not occurred.
The civil court will order the defendant to pay damage or it may order some other remedy, e.g. specific performance or injunction.