Distinctions between criminal and civil law

There are many ways in which law can be classified. Here we shall limit our discussion to the differences between criminal and civil law. Criminal law is much better known to ordinary people as a result of journalists’ reports of famous criminal trials. Criminal law is concerned with the general well being and the civil law with individual rights and duties.

A simple distinction between criminal law and civil law is that the latter regulates the relationships between individuals or bodies and the former regulates the legal relationships between the state and individual people or bodies.

So, in civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.

One more fundamental distinction between civil and criminal law is in the notion of punishment. In criminal law, a guilty defendant is punished by either incarceration in a jail or prison, fine paid to the government, or, in exceptional cases, execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.

In contrast, a defendant in civil litigation is never incarcerated. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior.

A civil action begins when an individual or organization, called the plaintiff, issues a writ against another individual or organization, called the defendant. The plaintiff formally states the injuries or losses he or she believes were caused by the defendant’s actions in a document called a statement of claim. The plaintiff also asks for a certain amount of money in damages.

The defendant receives notice that a complaint has been filed and is directed to appear in court on a certain date. The defendant then files a document called a defence. The defence contains the defendants version of the facts of the case and asks the court to dismiss the case. The defendant also may file a counterclaim against the plaintiff.

In most cases, the writ, the statement of claim, and the defence are the first of a series of documents called the pleadings. In the pleadings, the plaintiff and defendant state their own claims and challenge the claims of their opponents. Most civil cases are settled out of court on the basis of the pleadings. However, if serious questions remain, a formal discovery takes place. This procedure forces each litigant (partyinvolved in the case) to reveal evidence that would be introduced in court. If the case still remains in dispute after discovery, it goes to trial. The judge or jury determines who is at fault and how much must be paid in damages. After the decision, the losing side may appeal within ten days.

The civil law is a vast thing – a thousand year old and still growing. Civil law is a term with several meanings. The term is often used to describe the rules of private law and to set them apart from the rules of criminal law. When used in this way, civil law covers such matters as contracts, torts, the law of succession, family law, the law of trusts, ownership of property, and payment for personal injury. Criminal law deals with actions that are harmful to society such as murder, rape, robbery, assault, theft, kidnapping, etc.

Notes

well being – благосостояние

file the lawsuit – возбуждать дело

misdemeanor – проступок

reimburse – возмещать

a writ – предписание, судебная повестка

challenge the claim – опротестовывать иск

law of succession – наследственное право

law of trust – трастовое право

Дата добавления: 2015-07-15