Criminal Law Vs Civil Law Essay

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English law means the legal system of England and Wales and the three principles of sources are statutes, EU Law and common law. Common law, case law, is the main legal system which was implemented in UK. ‘The common law is judicially created law that is developed on a case by case basis,’ Chief Justice Hannah of the Supreme Court of Arkansas in Mason v State. It simply means UK is examined the cases by judicial precedent which is referring to the previous case or statutes and applied it into current case. Civil law and criminal law are a part of common law as the judges in civil and criminal court are bound to follow the previous case that upper court decided.

Civil law which is known as private law are acts that govern relationship between individuals and related to the private rights and remedies. Civil law cases are tort case due to negligence of parties, probate, breach of contract, family matters, bankrupt of businesses and etc. Contrary, criminal law is known as public law are applied when is due to lack of care and negligence of the state that resulting as a harm to society welfare or safety. The differences between civil law and criminal law are as follows.

As written by Ewan Macintyre, there is courts division between civil law and criminal law and different purposes. For instance, most of the civil law cases
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The judge decides on how much damages should be awarded. The defendant need to pay for it unconditionally unless the defendant can prove that it is a contributory negligence and reduce the damages in which had happened in Froom v Butcher in 1976. In criminal law, if the defendant is convicted, he or she will be sentenced. The sentences were set by Parliament and judge granted punishment upon the seriousness of offences and other factors such as the defendant’s previous record. The punishment types are fines, prison, community sentences and

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