Compare and Contrast the Criminal and Civil Law Essay examples

1160 Words Jun 17th, 2007 5 Pages
Civil law is concerned and deals with the relationship between individuals and relates to civil rather than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson, Rigby, Ryan & Tamsitt, 2001, p28.1). A civil action is generally brought by the party who has been injured or otherwise suffered some form of loss as the result of a wrong which only directly affected him (e.g. trespassing into private property). When a civil law is broken, legal action is brought by an individual against another for some form of legal remedy, e.g. damages. In civil suits, the party initiating legal proceedings is referred to as the plaintiff and the party being sued is called the defendant. For a plaintiff to successfully seek …show more content…
Javery resisted and thus she was stabbed and left to die in the car park. Walter Steward, the administrator of her estate, sued Bloomingdale's parent company, Federated Department Store Inc, for not undertaking adequate security measures to protect Javery from intended harm. The standard of proof for this case is strong; the company had 5 security officers and only 1 was stationed at the car park and he was usually called away to monitor the unloading dock, more than 300 florescent light bulbs were not working on that day, there were no gates or fences to keep undesirable people from the car park, the store was in a high crime area, and finally despite numerous requests from employees for increased security, nothing was done on the part of the management. As a result the Connecticut Supreme Court upheld a USD$1.5 million liability award to the estate of Marion Javery.

Criminal law on the other hand is concerned about protecting society from people who commit crimes as prescribed by the common and statutory laws. Criminal law's purpose is conventionally stated as being retribution, deterrence, restraint, and rehabilitation (Gillies, 1990, p 6). In criminal cases the prosecution represents the public or society in taking legal action against the party whom it considers to have committed a crime and seeks to have that party punished. Similar to civil law, criminal law requires the party commencing legal proceedings to carry
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