1 2026 - DUE March 2026; 100% Correct solutions and
explanations.
Question 1
(a) Briefly discuss the differences between Civil law and Criminal
Law.
Civil law and criminal law are two distinct branches of the legal system,
each serving different purposes and addressing different types of
wrongs. Understanding their differences is fundamental to correctly
applying the law to various situations.
Civil law primarily deals with disputes between private parties, which
can be individuals, organisations, or other entities. Its main objective is
to resolve conflicts and provide remedies for harm or loss suffered by
one party due to the actions, omissions, or negligence of another. Civil
law is therefore focused on restoring the injured party to the position
they were in before the harm occurred, often through monetary
compensation, restitution, or orders compelling certain actions (specific
performance). Common examples of civil law cases include contract
disputes, property disputes, family law matters, defamation, and
torts such as negligence. The burden of proof in civil cases is
relatively lower, as the plaintiff must prove their case on a balance of
probabilities, meaning it is more likely than not that the claim is true.
Civil law disputes do not usually involve punishment, but aim to correct
a wrong or prevent future harm between private parties.
Criminal law, by contrast, concerns itself with offences against society
as a whole. In criminal cases, the state acts as the prosecutor on behalf
of the public, bringing charges against a person or entity accused of
committing a crime. The main purpose of criminal law is to maintain
public order, punish wrongdoing, deter future criminal behaviour,
and protect society. Criminal offences include acts such as murder,
theft, assault, fraud, and corruption. Because of the potential severity