Yvonne Cox

Civil Law and Criminal Law

Differences between Civil Law and Criminal Law

The basic definition of law can be interpreted as the set of rules obligated by the state to follow. Failure to comply with laws will lead to other consequences for us to face. Among the social laws, there are legal laws. Both of the laws are poles apart from each other, in letter and spirit.

Definition:

Civil law manages the conflicts between persons, organizations, or between two persons and seeks compensation whereas criminal law is a legislative body dealing with criminal cases, prosecution and the execution of the process. The difference is not visible on the ground but the state rules and regulations that apply to the two laws have a different approach.

Law

Civil Law vs. Criminal Law: Actions at Issue

The action for the infringement varies, both in civil and criminal law. In criminal cases, activity at issue is usually more severe than criminal proceedings and often includes intent – the prosecutor in criminal prosecutions. There is also unethical conduct in the criminal records. Another hand, a civil violation sometimes seems more like somebody refusing to obey municipal code — not scraping snow off a sidewalk that leads, for example, to someone falling and getting hurt. For most cases, failing to shovel doesn’t live up to the definition of a criminal act, but it’s against the law and offers the affected party and way to obtain redress for damages.

Civil Law vs. Criminal Law: Penalty

Another important difference between civil and criminal law in the form of punishment imposed for being found guilty of the crime. In a criminal case, if the person charged with a crime loses the case, they will likely face prison or some form of probation. The settlement of a lawsuit doesn’t result in the “losing” party going to prison for criminal proceedings. The verdict also results in a financial penalty or an order for behavior improvement. Many times, criminal cases are settled outside of the courts. It usually involves a large payout to the plaintiff in return for withdrawing the claim and acknowledging a small to no infringement on the defendant.

 

Civil Law vs. Criminal Law: Presumption of Evidence

Another major difference is what it takes for a defendant to win a lawsuit. The defendant must meet a presumption of evidence in each trial — essentially a duty to prove or back up the allegations presented. Criminal cases, and the severe punishments that can follow them, require a higher bar than civil cases to be complied with. Under criminal law, the presumption is that the convicted be guilty of “beyond a preponderance of the evidence” breaking the law. The burden of proof is lower for civil cases — usually based on “weight of evidence” or “simple and compelling” requirements. Such specific expectations can seem a little confusing to those who don’t know them. You have also heard of court trials where the testimony makes the accused appear to be guilty but they have not been convicted. Criminal defense lawyers have worked in these cases to poke holes in the integrity of the facts and witnesses offered to generate fair doubt among jurors.

Civil Law vs. Criminal Law: Limitation Period

There can also be substantial variations in the amount of time a prosecutor or complainant has to bring charges or make a lawsuit against a defendant following an accident. Such laws are intended to protect the defendants from unfair demands.

Conclusion:

As you have seen, many obvious differences impact the strategy of a legal department when contrasting civil law versus criminal law. If you want to know about the complexities of the legal system, you may want to consider starting yourself a part in the courtroom.

Tourists

13 Strange laws from around the world that confuse tourists

The world is a blend of spices and that’s what makes it beautiful. However, sometimes we tend to see something that leaves us intriguing about its reason. From laughter-evoking bans to funny restrictions, each country seems to have its share of the strange laws. From India’s Beef bans to Australia pink pants, the list is a long one.

Australia:

The law states that you’re not allowed to wear pink pants afternoon on Sundays. Violation of the law can attract fined.

England:

Railway stations in England are full of no kissing signs. It’s prohibited to kiss in a railway station because it may cause a delay for commuters.

Venice:

Italian law prohibits anyone from feeding pigeons. They are known to carry various diseases and destroy historical monuments in Venice.

Italian law

India:

India bans consuming beef in various of its provinces. In the country, the cows are revered and hold a religious significance. Ironically, it’s also the country that’s is the largest exporter of beef.

Singapore:

Apart from having a powerful passport, Singapore has a unique law in its credit. It is the only country that bans the sale and chewing gum. The dealers of chewing gum can be subjected to jail while the consumers to a heavy fine.

Japan:

Japan follows an average waist size to follow obesity. The citizens aged 40-75 are required to have a waist size of86 cm [33.5 in] for men and 90 cm [35.5 in] for women. Violators can be fined.

France:

France

Who doesn’t like a pinch of Ketchup? Not the French. France bans ketchup in school cafeterias and the law is followed in letter and spirit.

Italy:

This one is quite funny and hard to believe but it’s illegal to die in two cities in Italy. This was certainly taken to address the health crises.

Switzerland:

The country has one of the strange laws in its account. In Switzerland, you can’t own a single Goldfish. You either get the two or head back. Some companies help you pair up just in case one of the partners dies.

Thailand:

This is one of the funniest laws ever. In Thailand, it’s illegal to leave the house without your underwear. The law was implemented to do with the matters of public decency and nudity but it remains to see how the law will turn out if one is wearing his trousers.

China:

China

Strange thing is that China is an Atheist government but prohibits reincarnation without the permission of the government. The law certainly is linked to China’s ambition to control the Tibetian movement but ends up passing a law that doesn’t make sense.

New Zealand:

The island nation criminalizes to act of defacing the currency. The law is archaic though but continues to remain in the place. This serves a political purpose also. The defacing of the currency is considered disrespectful.

India:

One of India’s archaic laws of 1878 states that you must report the found money exceeding 10 rupees to the police. The well-meaning law must’ve worked in the past but its execution in the current age is impossible to imagine especially in matters of such low denominations.

Conclusion:

Laws are required to run a state but some laws become obsolete over time. Many of the laws passed in previous times are no longer needed and forgotten but that doesn’t mean they cease to exist. As long as it on the legislation, it continues to have its power. Be it the beef laws of India or the Chewing gum ban, the world is a strange place and it continues to surprise.