Civil and criminal law

There are many points of contact between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him — for example, to pay money to the winner of the action — the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.

Although the guilty defendant in a criminal case will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than it was in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.

It is also possible in English law to bring a civil action against the police. Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.

Law is classified as civil or criminal depending on the subject matter of the dispute and the legal consequences which result from the dispute.

Criminal law. A crime is regarded as a wrong done to the state. Prosecutions are usually commenced by the State, although they may be brought by a private citizen. If the prosecution is successful the accused person (the defendant) is liable to punishment. Some crimes, for example, rape, have specific victims. Others, for example, treason or speeding, can be committed without causing loss to any particular person. If there is a victim the defendant will not usually have a say in whether or not a prosecution is brought, nor will he benefit from a conviction, since fines are payable to the State.

Prosecutions involving most serious offences, known as indictable offences, are brought in the name of the Queen / the State. Prosecutions of less serious offences, known as summary offences, are usually commenced in the name of the actual prosecutor (normally a police officer).

Civil law. Civil actions may be commenced by any person who seeks compensation for a loss which he has suffered. If the plaintiff is successful he will usually be awarded damages. The damages must be paid by the defendant. Their purpose is to compensate the plaintiff for his loss rather than to punish the defendant.

The categories of civil law:

· Contract.

· Tort.

· Property law.

· Company law.

· Commercial law.

· Employment law.

· Family law.

Дата добавления: 2015-07-11