Civil and Criminal Laws Essay Example | Topics and Well Written Essays - 2000 words

Civil and Criminal Laws - Essay ExampleIn criminal law, the litigation is always filed by the government, who is called the prosecution.Criminal law distinguishes crimes from civil wrongs such as tort breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms whereas civil law is aimed in the main at the relationship between private individuals and their rights and obligations at a lower place the law. Although many ancient legal systems did not clear define a distinction between criminal and civil law, in England there was little diversity until the codification of criminal law occurred in the late nineteenth century. In almost U.S. law schools, the base course in criminal law is based upon the English common criminal law of 1750 (with more or less minor American modifications like the clarification of mens rea in the Model Penal Code). In civil cases, the 7th Amendment guarantees a defendant a right to a jury trial in federal court, exclusively that right does not apply to the states (in contrast with criminal cases).Legal system derived from the Roman Corpus Juris Civilus of emperor butterfly Justinian I differs from a common-law system, which relies on prior decisions to determine the outcome of a lawsuit. Most European and South American countries have a civil law system. England and most of the countries it dominated or colonized, including Canada and the get together States, have a common-law system. However, within these countries, Louisiana, Quebec, and Puerto Rico exhibit the influence of French and Spanish settlers in their use of civil law systems. A body of rules that delineate private rights and remedies and govern disputes between individuals in such argonas as contracts, property, and family law is distinct from criminal or public law.PunishmentOne of the most fundamental distinctions between civil and criminal law is in the notion of punishment. Crimin al LawIn criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant the death penalty. Crimes are divided into two broad classes felonies have a maximum possible sentence of more than unity course of study incarceration misdemeanors have a maximum possible sentence of less than one year incarceration. Civil LawIn contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendants behavior. So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a opening night of punitive damages, if the defendants conduct is egregious and had either (1)amalicious intent (i.e., desire to cause harm), (2)grossnegligence (i.e., conscious indifference), or (3)awillful default for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future outlaw(a) conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., impact of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small. One can