A clear overview of Criminal Law and Civil Law:
Difference between Criminal Law and Civil Law
Laws can categorically be divided into two broads, to wit: Criminal Law and Civil Law. Civil Laws deal with matters that affect individuals and private entities. It also helps to compensate those that suffered damages as a result of another person’s tortious act. While criminal laws revolve around the behavior and acts that are against the laws of the state. Criminal laws are also set up to regulate and prevent the commission of crimes in the state.
Both kinds of law foster and demand obedience and compliance from the general public and its part of their enabling factor that they want to maintain orderliness and peaceful co-existence among the citizen in the society.
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Civil Laws are those areas of law that are not specifically made against the state but for the interest of individual and private entities. They regulate the affairs of natural and artificial entities. This area of law is not meant for punishing violators and wrongdoers but for the compensation of the victims. Civil laws include but are not limited to the following: Defamation, Negligence, Trespass (To property and person), Nuisance, Breach of Contract, and so on.
Civil Laws can further be categorically subdivided into Four types, which are: Contract Law, Family Law, Property Law, and Tort Law.
Family law is the area of civil law that regulates the relationship between husband and wife and other family members and it extends to cover divorce, domestic violence, and adoption and safety of a child.
Property law is the area of civil law that provides for both realty Property and personalty property. A good example of realty property is land while a good example of personality properties is chattel or movable properties. Property law also extends to choice in action and choice in possession. Chose in possession are those properties that are tangible and which usually can be enjoyed physically while chosen in possession are those intangible properties and in most cases, they can enjoy through a lawsuit.
Contract Law is the law that regulates the mutual agreement between private parties creating mutual obligations enforceable by law. The major elements of contracts are Offer, acceptance, consideration, and intention to enter a legal relationship.
Tort Law is the aspect that provides for compensation against the tortious or negligent acts of a wrongdoer. It majorly covers Trespass, Nuisance, and Negligent.
Criminal Laws are those rules and regulations formulated by the state and contained in a written law to punish the offenders and violators. These laws are created by the state to protect lives and properties within the place. For instance, Criminal Laws against Armed Robbery, Stealing, Burglary, Murder, Criminal Assault, and Rape.
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It is usually the function of the state to prosecute those that violate criminal Laws. The individuals can only act as nominal complainants. For a person to sue in a criminal case, he must have obtained Fiat from the State Prosecuting Counsel in most jurisdictions, the Attorney General. The criminal proceedings shall be guided by Criminal Procedure Law while Civil Procedure Law guides Civil Proceedings.
The importance of Law in the society
- It helps in the maintenance of peace and order in society.
- Law in society help in the prevention of the commission of crimes
- It helps in punishing Law offenders
- Law also creates a better room for orderliness in government activities
- It also assists in protecting lives and properties