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Civil law versus criminal law
Civil law versus criminal law
Civil law versus criminal law
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First, it is necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. A Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing authority can ultimately prescribe a conviction. That being said, society would address liability for civil wrong separately from criminal wrong because, in a civil wrong, the plaintiff stands to benefit from the compensatory damages as well from the punitive damages. When a plaintiff sues the defendant to court, and he is able to establish that a civil wrong has been committed against him, the damages that follow could well be an incentive that leads society to address liability for civil wrong separately from criminal wrong. Such case is tried based on the civil burden of proof- a preponderance of the evidence. On the contrary, …show more content…
Everybody is involved in commerce products usage and therefore strict liability is necessary to ensure that anybody injured as a result of using commerce product can have a redress and be entitled to compensatory and punitive damages. Also, another rationale for extending strict liability to everyday products sold in commerce is social policy. Businesses that operate in ultra-hazardous product like chemical and granite blasting engaged in profit making and therefore have to be extra-cautious to insure safety. More so businesses that engage in commerce products make profit out of this product. So when the product cause harm to people, strict liability is applied. This I think is a welcome development because when Company makes profits, they should make provision for strict liability damages as
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
In 1992, Cameron Todd Willingham was convicted of arson murder, where a fire that was presumably started by him, killed his three children, and in 2004 he was put to death. Later, the Texas Forensic Science Commission, established in 2005, found that none of the evidence used while prosecuting Mr. Willingham was valid, and that the fire was in fact, accidental. Unfortunately, many cases like this have occurred in our nation’s history, where human error was to blame for convicting an innocent person. The American Justice system will only be as accurate as the science and technology that we have in place to remove human error during the process. The movie The Wrong Man is a perfect example of human error in the justice system convicting an innocent
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
Laws dictate the common perception of crime, and the elements of crime are preset through the perception of crime. Although, perception alone is clearly not a just way of describing what crime means in the eyes of the public. We follow the supreme rules and state policies of the land and the states, which are all laws that we perceive as just. All other misconduct that goes against what is just should be logically illegal or unjust. But is it accurate to call a violation a crime from the civil laws point of view? The founding fathers established a body of rules that is used to shape
Liability for negligence is a civil matter. In liability negligence, the victim has to be able to prove that the defendant has legal obligations, and the obligations was breached, and that they have received foreseeable harm as a consequence of the negligence alleged. If the victim can prove that there was a breach of a legal obligation then he/she will be awarded damages based on the basis of the harm caused or loss sustained.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
There are several factors contributing to whether or not certain behaviours are criminalized by law in a society.
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
People always argue the importance between moral and civil law. There are many opinions about which people should follow, but there is no definite rule to tell which one is more important. Moral is what is right and what is wrong in human behavior. Civil law is the law that government make for private rights of individual. For example, once I saw someone I know is stealing in the grocery store, I upheld my moral over the law: I pretended I did not see him because he is my friend.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
One way of looking at criminal law is that it is dealing with something of public awareness. For instance, the public has awareness. in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders, and.
In France, civil law is the set of issues and legal acts which fall within the civil courts (Cruz, 2007, p.50). In this sense, it is opposed to criminal law, the commercial law and administrative law. It applies mainly to individuals, but also to legal persons of private law (Elliot & Vermon, 2000, p.32).
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.
First, a tort discussed in the Essentials of Business Law book is negligence. Failing to exercise reasonable care to protect others from risk or harm is considered negligence (Luizzo, 2016). Recently, due to the success of cases against negligent individuals and business, it has become a more common practice. For example, a person may now be more encouraged to sue a company due to an injury caused by a certain product. However, even when it’s not an
Criminal law refers to rules and statues that define conduct prohibited by the government because it endangers society. It prohibits and punishes wrongful actions. The plaintiff is the prosecutor who files the complaint and the defendant is the individual or organization who have appeared to broken the law. The purpose is to deal with the disputes between individuals and/or organizations, in which compensation is awarded to the victim. Almost always a jury is involved, who is a group of peers determining whether or not the accused is guilty.