Civil Law v Criminal Law: KNEC Revision Questions and Answers

Outline the distinctions between civil and criminal law

Civil law and criminal law are two distinct legal systems that serve different purposes in protecting individuals and society as a whole. The following are some of the key differences between civil and criminal law:

• Purpose and nature: Criminal law deals with crimes committed against society, whereas civil law concerns disputes between individuals or organizations.
• Burden of Proof: In criminal law, the prosecution must prove the guilt of the accused “beyond a reasonable doubt.” In contrast, the standard of proof in civil law is lower – the plaintiff must prove their case “on the balance of probabilities”.
• Parties involved: In criminal law, the state is the prosecutor, and the accused is the defendant. In civil law, the plaintiff is the person bringing the lawsuit, and the defendant is the person being sued.
• Types of penalties: Criminal law typically involves penalties such as imprisonment, fines, and probation. In contrast, civil law focuses on monetary damages or injunctions that require someone to stop doing something.
• Jury trials: In criminal law, the defendant has the right to a trial by a jury of their peers. In civil law, there is no automatic right to a jury trial, and a judge typically makes the final decision.
• Statute of limitations: The statute of limitations for criminal charges is generally longer than that for civil charges.

In summary, criminal law is focused on punishing behavior that is deemed harmful to society, while civil law is primarily concerned with resolving disputes between individuals or organizations. The burden of proof and types of penalties differ between the two systems, and while a jury trial is guaranteed in criminal cases, it is not in civil cases.