Case 1.1 Define Civil And Criminal Law

in civil actions is primarily towards the individual, causing no harm to society. While criminal

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.

Criminal Law is largely statutory, and it covers certain kinds of crimes, such as murder, robbery, rape, fraud and extortion. In criminal cases, the state prosecutes the offender not the victim. There is three kinds of offenses and they are petty offenses, such as traffic violations, and they are usually punishable by a fine. Misdemeanors where you are charged a larger fine, and then you have the major offenses. They are felonies, which were mentioned earlier, those cases can be heard and prosecuted by the state or the Federal government, and they are usually punished by imprisonment. One example is the case of the OJ Simpson case, he was tried in Criminal court but he was found not guilty of Murder.

When someone doesn’t live up to their responsibility of exercising care, and that failure leads to another person’s injury or death, the action or lack of action is referred to as negligence. As an example, say someone causes a fatal accident because they were speeding. In this case, the driver who was driving above the speed limit acted negligently, and therefore can be held liable in court for damages caused. The victim’s surviving family members can also file a wrongful death lawsuit alleging that the driver who caused the crash owes them damages associated with that untimely and unnecessary death.

Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:

Negligence is the most common type of liability case that healthcare organization face. It often occurs when a person fails to hold up to the accepted standards of behavior. There are four elements essential to proving negligence: 1. a duty of care, Duty is a legal obligation the defendant owes to the plaintiff. In a negligence case the duty is most commonly expressed as a general obligation to act with care in other words to conduct oneself as a reasonably prudent person would do in similar circumstances. 2. Breach of that duty: A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard.  A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries. Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witness which is usually the same witness who established the duty in the beginning. 3. injury: Damage or harm

A) Civil law has to do with issues between person and person or between person and their government. While Criminal laws has to so with wrongful acts against society as a whole. For instance if I ran my car into someone’s fence it would be a civil lawsuit since it is between me and the person who I ran my car through their fence, but it would become a criminal lawsuit if I was drunk and driving and ran my car through the fence because I’m putting society in harm of my drinking and driving.

Criminal Law is a legal act to individual(s) and are punishable by law. Most of our criminal laws are based of ancient laws and from England where our laws came from. The first actual written law that was formed was called cuneiform which was a form that was craved into stones or on clay which then they were baked till they were hard. (CA Criminal Law Concepts).

Civil LawThe branch of legislation dealing with the rights and duties of citizens. Criminal Law- Legislation dealing with crime and its punishment. The fact of the case seems as if it could be a criminal case or a civil case. The teenagers abused the elderly physically, and verbally. This should make them pay a fine to the family members. That would make it a civil suit. The teens where put in front of a jury and found guilty and sentenced to some jail time while others were giving other sentences for various charges and the negligence of the Good Samaritan Home employers and the abuse by the nursing aides. That makes it a criminal suit.

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.

With criminal law the state or government prosecutes the person accused of the crime on behalf of the people and the burden of proof falls on the prosecutor. Whereas in civil law it is the plaintiff who initiates the case and the burden of proof falls on the party seeking damages. For example, the title of a case regarding criminal law would be State of Illinois v. Hart but the title of a civil law case would be something like Hart v. McCune or McCune v. Bowlmor AMF. In a criminal case, the penalty is usually a prison sentence (but may be sentencing to community service or something lesser depending on the offense or number of times the defendant has been convicted). However in a civil case the penalty is usually money or some other legal remedy

There are many different types of crime and punishment in medical law ranging from criminal to civil. Below I will explain the difference of criminal and civil and give descriptions of the different types of crime and punishment in the two categories.

This assignment required me to differentiate between civil and criminal cases, and explain my rationale for labeling these cases as either civil or criminal. Therefore, it is important to begin with an explanation of both a civil case and a criminal case. The lines between the two can be blurry at times, but they do have definite differences when examined. Criminal cases are initiated by the state or Federal government after a defendant violates a criminal statute, and are used to discourage socially. Criminal law also provides rehabilitation to those committing crimes against society, behaving within societal norms is the desired outcome upon completion of their debt to society (p 400). Some actions can be both civil cases and criminal cases. For example, if an assault occurred, the defendant violated a criminal statute, and is guilty of an intentional tort violation by intentionally causing physical harm to the injured party. Although both the criminal and civil violation occurred simultaneously, both cases would need to be heard in different courts. Civil violations are violations of tort law, torts are non-contractual violations resulting in injury, either physical, emotional, or to the person’s reputation.

Criminal and civil law are both practiced in the United States. By definition, criminal law is “a formal means of social control [that] involves the use of rules that are interpreted, and are enforceable, by the courts of a political community…. The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior.” (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) Civil law is considered a private matter between individuals and includes such things as the law of contracts and property as well as subjects such as administrative law and the regulation of public utilities. (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) The two types of law are means of social control however, criminal law will include some type of punishment whereas civil law will include compensation to a victim. Although a difference does exist between the two types of laws, it is important to understand that a person that commits a crime may have to be present in criminal court and in civil court. An individual may serve time in jail while also personally paying the victim a fine as restitution for a crime that has been committed.