CRIMINAL LAW CIVILLAW
Concerns Offences against state Disputes between private
individuals
Purpose of action Preserve order in the
community by punishing
offenders and deterring
others
To remedy the wrong which
has been suffered
Parties Prosecutors prosecutes an
accused. Prosecutions are
brought in the name of state
A claimant sues the
defendant
Decision An accused may be
convicted if he is guilty and
acquitted if he is innocent
A defendant may be found
liable or not
Sanctions Imprisonment, fine Damages, injunction,
specific order
Standard of
burden of proof
Prosecutor must prove his
case beyond a reasonable
doubt
Claimant must establish his
case on the balance of
probabilities
Examples ???? ??????
3.
SUBSTANTIVE LAW PROCEDURALLAW
Elaborates on the structure
of the law
Elaborates on the steps
through which the case
passes
Defines the rights and duties
of citizens
Creates the machinery for
the enforcement of law
Methods and means by
which substantive laws is
administered
4.
PUBLIC LAW PRIVATELAW
Adjustment of relations
between person and person
Relationship between person
and the state
Affects society as a whole Affects individuals, families,
business
Laws of property, contract,
family law, corporation
Regulating the activities of
the state
1. Constitutional law
2. Administrative law
Rights and the obligations of
the state towards its citizens
and vice-versa
