I will pay for the following essay 1.What is the essence of the distinction between criminal and civil law Illustrate your answer by reference to contemporary legal issues and actual cases where appropriate. To what extent do the two systems overlap, and what advice would you give a vic. The essay is to be 8 pages with three to five sources, with in-text citations and a reference page.
Criminal law clearly includes illegal behaviour, and civil law, on the other hand, includes disputes when no law has been violated. Instances of criminal cases comprise of murder, robbery, assault crimes or battery (Kadish, 2012). Civil cases normally include disagreements between tenants and property owners, divorces, real property issues, contract disagreements, as well as intellectual property disagreements. In criminal matters, the government, at all times, files the lawsuit or litigation. However, the plaintiff, in civil cases, files the lawsuit and typically is a private party such as a corporation or person (Kadish, 2012).
Some lawmakers and attorneys consider that the idea of punishment is the main significance between these two types of law (Casenote Legal Briefs, 2012). The penalty for a criminal offense is extremely diverse since the defendant can be penalised by fines, imprisonment or even execution. In the U.S., for instance, statutory offenses are split into two main groups: felonies and misdemeanours (Kadish, 2012). Misdemeanours normally have an utmost sentence of a one-year imprisonment and felonies, on the other hand, normally have a least period of a one-year imprisonment (Kadish, 2012). In civil offenses, the “loser” normally has to repay the other party for financial losses or any other damages. There can be disciplinary damages rewarded in civil cases, as well, that comprise of making the defendant a case to deter alike, future behaviour (Casenote Legal Briefs, 2012). These kinds of damages are likely when the defendant has been demonstrated to have gross negligence, spiteful intent or a stubborn disrespect of the plaintiff’s rights. Also, the burden of proof is greatly different between criminal and civil law. The burden of proof, in civil law, is, at first, on the plaintiff, but, at times, can transfer to the defendant.