Assignment task:
Criminal and Civil law are two distinct branches of law. In particular, Civil law focuses on resolving disputes between individuals by allowing them to sue each other. It encompasses areas such as tort, contract, and property law matters. However, Criminal law instead focuses on the enforcement of rules for society as a whole. It covers offences such as theft, trespass, and murder.
Who Initiates:
In civil law, the individual who initiates a legal case is known as the plaintiff. The plaintiff is an individual or entity seeking a legal remedy for a perceived harm or wrongdoing. The person against whom the claim is filed is referred to as the defendant. On the other hand, in criminal law, an individual (such as a victim) does not personally initiate a case in court. Instead, it is the government, represented by the state or Commonwealth prosecution authorities, that initiates criminal proceedings. The government's interests are advocated by a prosecutor from the Office of the Director of Public Prosecutions or an authorized police officer. They bring charges against a person who is alleged to have committed a criminal offense, known as the accused.
Aim:
The aim of civil law is to provide compensation to the injured party such. For example, this can take the form of a monetary payment for loss and or future loss suffered. The focus is on restoring the plaintiff to the position they were in before the wrongdoing occurred. On the other hand, the aim of criminal law is to punish the offender which can be achieved, for example, through fines and imprisonment. Criminal law also seeks to deter others from engaging in criminal behaviour and prevents recidivism. Essentially, criminal law seeks to protect society by holding offenders accountable for their actions and deterring criminal behaviour.
Standard of proof:
In civil law, the standard of proof is on the balance of probabilities. This means that the plaintiff must demonstrate that it is more likely than not that their claim is true. The burden of proof is lower compared to criminal law. The court evaluates the evidence presented and decides whether it supports the plaintiff's case with a greater degree of probability.
On the other hand, in criminal law, the standard of proof is beyond a reasonable doubt. The prosecution must prove the guilt of the accused to a high degree of certainty, leaving no reasonable doubt in the minds of the jurors or the judge. This higher standard of proof protects the rights of the accused and prevents wrongful convictions.
Outcome:
In civil cases, if the defendant is found liable, the outcome typically involves the awarding of damages, which can be specific (monetary compensation) or non-monetary (such as an injunction to prevent certain actions). The aim is to provide restitution or compensation to the injured party and restore them as far as possible to the position they were in before the harm occurred.
Contrastingly, in a criminal case, If the accused is found guilty, the outcome may involve various penalties, such as imprisonment, fines, probation, community service, or other forms of punishment. The focus is not on compensating the victim but rather on punishing the wrongdoer and deterring others from engaging in similar criminal behavior.
Please advise the correct areas of law to cite for this response and also advise if my answer is correct.