Just
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Public Law and Private Law
Criminal
Law and Civil Law
Criminal
Law
-‐ A form of public law.
-‐ Case must be proved by the prosecution beyond reasonable doubt.
-‐ Person guilty must be punished by fines, or imprisonment.
-‐ Object -‐ to regulate society by the threat of punishment.
-‐ The state is the prosecutor and prosecution is brought in the name of the Public Prosecutor e.g. PP v Jones.
Civil
Law
-‐ A form of private law.
-‐ Case must be proved on a balance of probabilities.
-‐ Burden may rest on either party depending on the circumstance.
-‐ No concept of punishment.
-‐ Compensation is paid to the wronged person.
-‐ Terminology used is different.
-‐ Claimant sues the defendant so the case would be referred to as e.g Smith v Megacorp plc.
-‐ State plays no part.
Public Law
-‐ Mainly concerned with government and the functions of public organizations such as councils and local authorities.
-‐ State prosecutes alleged perpetrator under public law. -‐ Criminal law is therefore also part of public law.
Private
Law
-‐ Deals with relationships between businesses and customers, employees and other private individuals.
-‐ The state does not get involved and it is for the individual concerned to