Civil Law Vs Criminal Law

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INTRODUCTION

The system of law that is concerned with the offender’s punishment is called criminal law. The duty of care is the legal or moral obligation for ensuring the safety and well-being of other. The current assignment has been divided into two parts. Part A discusses the difference between civil law and criminal law. It also provides explanation to Michael regarding criminal sanctions that might be faced by him. In part B, duty of care has been evaluated in context of negligence and assessed whether Martha will receive success in a negligence claim against Paul.

PART A.A
Difference between Civil Law and Criminal Law

Definition
Civil law usually deals with the disputes among individuals, organization or between two in which generally,
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In civil law cases, the jury opinion might not be unanimous. The laws usually vary from country and state. The juries are present in criminal cases and not usually involved in civil actions. The judges however ensure that the law prevails on passion (Ashworth 2013).
Criminal law is used for maintaining stability for the society and state through punishing offenders as well as deterring them and others from being offended. For criminal justice system, the jury should agree unanimously before the conviction of the defendant.

Appeals and Commencement of Proceedings
In civil law, the appeal is done by the either party (defendant or claimant) to the decision of the court. Summons or indictment is used for state or people or prosecution.
In case of criminal law, the defendant is allowed to appeal a verdict of the court and the prosecution is not allowed to appeal. It is commenced by the pleadings, state representatives, attorney general and prosecutor.
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The individual can never file criminal charges against another person and individual might report crime but only the government can file a criminal charge in the court. As per DePasquale (2014), crime activities punishable by the government are usually divided into two broad categories of seriousness which are felonies that have a possible sentence of more than one year in incarceration and misdemeanours that has a possible sentence of one year or less incarceration.

Burdens of Proof
In criminal law, the burden of proof lies with the government for proving that the defendant is guilty of charge. The defendant is usually not declared guilty unless approximately 99% or more proof is against him.
In case of civil law, the burden of proof lies with the plaintiffs. In civil litigation, if jury or judge believes that more than 50% of the evidence favours the plaintiffs, it results in winning of the plaintiffs. That is very much lower compared to 99% of the criminal law.

Advice to

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