Civil Law vs. Criminal Law

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Civil Law vs. Criminal Law Powered By Docstoc
					Main Types of Law
       Civil Law
     Criminal Law
    Procedural Law
    Substantive Law
     Business Law
            Today’s Objective
• Describe the differences between criminal and
  civil, substantive and procedural law.
Civil Law vs. Criminal Law

   Compare and contrast criminal
          and civil law
                Civil Law

• Involves a dispute between two people, or
  parties on a certain issue
                 Civil Law

• When private legal rights of an individual are
  violated, the matter is governed by civil law.

• Group of laws that allows individuals to seek
  legal remedies for wrongs done to them.
                  Civil Law
• Laws that address wrongs against individuals

• Civil applies whenever one person has a right
  to sue another person

• If defendant loses - must pay money to plaintiff

• Police do not take action in civil conflicts
       Civil Law - Example

• Tenant fails to pay rent, landlord has a
  right to sue

• Can YOU think of other reasons why
  someone would sue?
• French word - “wrong”

• A civil wrong or wrongful act - whether it
  is intentional or accidental from which
  injury occurs to another.
            Criminal Law
• Crime - an offense against society - it
  disrupts the stable environment that we
  all depend upon to make civilization

• When the citizens’ right to live in peace
  is violated by such an activity -
  governed by criminal law.
            Criminal Law

• Violates rules as listed in the statutes
            Criminal Law
• Acting in the name of the people - the
  government investigates an alleged
  wrongdoing - prosecute

• Conviction
  – Fine
  – Imprisonment (both)
  – execution
        Examples of Crimes
•   Bank Fraud
•   Embezzlement
•   Robbery
•   Rape
•   Murder
•   DUI
• When crime occurs, private injuries may
  be inflicted as well.

• May be both a crime and a civil offense.

• What’s Your Verdict page 13
• An offense against society _________.

• Private wrongs are referred to as

• Group of laws that allows an individual to
  seek legal remedies for wrongs done to them
    Civil law
   Civil Law vs. Criminal Law
• Both consider violations of peoples
  rights and who is at fault.

• Differ in structure, burdens of proof and
Procedural Law
Substantive Law
             Substantive Law

• Defines rights and duties
  – How the facts in the case will be handled
  – How the crime is to be charged (Substance of the
  – Rules by which a court hears and determines what
    happens in civil and criminal proceedings.
  – Civil rights and responsibilities in civil law

• Defenses
               Procedural Law
• Defines the rules that are used to enforce
  substantive law.

• Deals with the methods of enforcing legal rights and
  duties - process used to deal with people suspected
  or convicted of violating a substantive law.

• Specify how and when police can make arrests and
  what methods can be used in a trial

• Right against unreasonable searches, the right to
  remain silent, right to a speedy trial, no cruel or
  unusual punishment, etc.
                  Procedural Law
• Determines how a proceeding concerning the enforcement of
  substantive law will occur

• Provides the machinery for enforcing rights and duties

• Example: Time allowed to sue and rules of law governing the
  process of the lawsuit

• Ensures a fair and consistent application of due process

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