Criminal vs Civil Law

Laws have prescribed the standards of

acceptable behaviour and the consequences that will
occur if these standards are breached. These standards
are defined in terms of unacceptable conduct as crimes
and civil wrongs.

Criminal Law

All behaviour is lawful unless prohibited by law

Defines the standards of unacceptable behaviour by imposing sanctions to
punish people who breach these standards by committing offences
A crime is an unlawful act that is deemed by law(Parliament or Judge made
law) to be a public wrong
Offenders will be prosecuted by a government agency


Criminal Law
Criminal disputes are between the State and the individual. The State acts on behalf of the
community
An accused person is innocent until proven guilty
The consequence of committing a crime is a sanction
Criminal Law also regulates general standards of lawful public behaviour, such as driving on public
roads

The main purpose of criminal law is to
protect the lives and personal safety of
members of society




Civil Law
Criminal law involves a relationship between the Crown (State) and an individual. Civil law, on
the other hand, involves resolving all other disputes. Civil law, for example, covers accidents,
contract disputes, or the dividing up of a will. In general, civil law deals with private disputes
between private people or organisations.
The term 'tort 'is derived from the Latin word 'tortus', meaning 'a wrong'. Tort law exists to
protect an individual's bodily safety and security, to protect tangible property and intellectual
property, and to protect an individual's reputation. If any of these things are compromised or
damaged by another person or organisation, a remedy can be sought by an action for
compensation, which usually takes the form of monetary damages



Civil Law
The state takes no active part in civil cases other than providing a body of civil laws to regulate
dispute resolution so that just outcomes can be achieved
Australian courts have created many civil laws
The High Court of Australia is the highest court of appeal
The supreme nature of the HCA has made many aspects of civil law uniform throughout the
nation

Civil Law
If a case is both of civil and criminal nature, it is customary for the criminal matter to be
resolved first
The issues raised in the criminal trial are not allowed to be used as evidence in a civil trial
The same witnesses may give evidence in both the criminal and civil trials, but the cases are
kept completely separate
Civil actions sometimes flow on as a result of criminal action, and a civil lawsuit can be
successful even when the defendant was found not guilty under criminal law. A well-known
example of this was the O.J. Simpson trial in the United States, where Simpson was found not
guilty of the murder of his ex-wife and another man in a criminal trial, but found liable for the
tort of wrongful death in the civil trial that followed. He was ordered to pay US$33 million in
damages to the victims' families.