Civil law, Civil law is different from criminal law in that it is the branch of law dealing with disputes between individuals (or organizations) rather than actions brought against individuals (or organizations) by the state or Federal government. Criminal actions are premised on a person’s (or organization’s) violation of a statute, whereas civil actions are premised on a tort or a civil wrong (ex., negligence, libel, etc.) committed by a person (or organization).
In a civil law action, the wronged party can be awarded some form of compensation or protection (i.e. money damages, compensatory damages, injunctions, etc.) whereas in a criminal law action the outcome of the proceeding is directed, in the form of punishment, to the party who committed the wrong (i.e. fines, incarceration, etc.). In other words, in civil law, the focus is on “making the victim whole” whereas in criminal law, the focus is on punishing the perpetrator.
In addition to monetary compensation, there can be other objectives sought in civil law actions. To wit: a party can request the Court’s assistance in getting the opposing party to honor an agreement or settle a dispute. Civil law courts provide a forum where these matters can be addressed. The following are also addressed in the civil law courts: contract disputes; the probate of wills; property disputes; administrative law; commercial law, etc.
An action brought in the criminal law court does not necessarily preclude a party from bringing an action, founded on the same incident, in a civil law court. In this way, no matter what the criminal court ruled as to the guilt or innocence of the person accused of a crime, the civil court may still provide a means by which the victims of a crime can receive some compensation. Such a situation occurred when O.J. Simpson was ordered to pay damages for wrongful death after being acquitted of the criminal charge of murder.
*Reference Source: Wikipedia.org
Joseph Colombo – Melbourne foreclosure Attorney
We also offer experienced legal representation, service and advice in the following areas: