SCL1501
ASSIGNMENT 1 (SEMESTER 1)
DUE 12 MARCH 2026
QUESTION 1
(a) Differences between Civil Law and Criminal Law (10 marks)
Civil law governs disputes between private individuals or entities. Its main aim is to
protect private rights and provide remedies for harm or loss suffered due to another
person’s actions or omissions (Centlivres, 1998). Civil cases often arise from issues
such as contracts, property disputes, family matters, or negligence. The remedy in civil
law usually involves compensation, such as monetary damages, restitution, or orders
to perform or stop a certain act (Davies, 2017). In civil cases, the plaintiff must prove the
claim on a balance of probabilities, meaning it is more likely than not that the facts
they claim are true.
Criminal law, by contrast, deals with acts that are considered harmful to society as a
whole. It focuses on maintaining public order and punishing wrongful conduct, such as
theft, assault, or murder (Burchell & Milton, 2016). The state prosecutes the offender,
and the purpose of the law is to punish and deter future wrongdoing. Criminal cases
require proof beyond a reasonable doubt, a higher standard than in civil law, due to
the severe consequences, which may include imprisonment, fines, or community
service (McQuoid-Mason, 2013).
In summary, the main differences are:
• Purpose: Civil law seeks compensation; criminal law seeks punishment.
• Parties involved: Private individuals in civil law; the state prosecutes in criminal law.
ASSIGNMENT 1 (SEMESTER 1)
DUE 12 MARCH 2026
QUESTION 1
(a) Differences between Civil Law and Criminal Law (10 marks)
Civil law governs disputes between private individuals or entities. Its main aim is to
protect private rights and provide remedies for harm or loss suffered due to another
person’s actions or omissions (Centlivres, 1998). Civil cases often arise from issues
such as contracts, property disputes, family matters, or negligence. The remedy in civil
law usually involves compensation, such as monetary damages, restitution, or orders
to perform or stop a certain act (Davies, 2017). In civil cases, the plaintiff must prove the
claim on a balance of probabilities, meaning it is more likely than not that the facts
they claim are true.
Criminal law, by contrast, deals with acts that are considered harmful to society as a
whole. It focuses on maintaining public order and punishing wrongful conduct, such as
theft, assault, or murder (Burchell & Milton, 2016). The state prosecutes the offender,
and the purpose of the law is to punish and deter future wrongdoing. Criminal cases
require proof beyond a reasonable doubt, a higher standard than in civil law, due to
the severe consequences, which may include imprisonment, fines, or community
service (McQuoid-Mason, 2013).
In summary, the main differences are:
• Purpose: Civil law seeks compensation; criminal law seeks punishment.
• Parties involved: Private individuals in civil law; the state prosecutes in criminal law.
