Civil and criminal law

There are two main kinds law civil law and criminal law.
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Civil law
Civil law governs the relationship between individuals or organisations, and is mainly concerned with disputes that society has determined are essentially private matters. It is developed from common law and is also found in statutes. Examples of civil disputes include:

disputes over business contracts, wills, tax, land or other property recovering of debts defamation situations where one party's negligence has caused someone else loss family disputes such as care of children and division of relationship property. The state provides a framework for resolving these matters and for enforcing the outcome, but, unlike criminal law, the state does not actively investigate and prosecute breaches of civil law. Civil penalties frequently involve only the payment of money. A distinctive feature of the civil law in New Zealand is the accident compensation scheme, by which comprehensive insurance cover is provided when someone suffers a personal injury (for information seethe chapter Accident Compensation). This scheme means that people do not have the right to sue for personal injuries that are covered by ACC, other than for exemplary damages. Note:In a civil case, the plaintiff (the person who brings the action or sues another person) must prove their case on the balance of probabilities. This means that it must be more likely than not that the plaintiffs version of events is true. TOP OF PAGE ^

Criminal law
Criminal law governs the relationships between an individual, or organisation, and the state. It is contained in statutes. Criminal law involves conduct that society has outlawed as a threat to the safety or welfare of the public, and that is therefore investigated, prosecuted and punished by the state (through the police and the courts). Most criminal proceedings are brought under one of the following statutes:

Crimes Act 1961. This includes serious crimes such as murder, manslaughter, burglary and sexual offences. Land Transport Act 1998. This includes traffic offences. Summary Offences Act 1981. This includes offences against public order which are usually less serious; for example, fighting in a public place, trespass and wilful damage. Misuse of Drugs Act 1975. This includes offences relating to the possession, use and supply of controlled drugs. If a person is convicted of a crime, they will be sentenced according to sentencing laws, and they will have a right to appeal against their conviction and sentence. Unlike civil penalties, criminal penalties can involve depriving the offender of their freedom (prison). Note:In a criminal case, the prosecution must prove beyond reasonable doubt that the defendant (the person charged with a crime) committed the crime. TOP OF PAGE ^

Can a dispute be both a civil and criminal matter?

A dispute between two neighbours about who should pay for a broken fence, for example, is a civil matter. However, if one neighbour assaults the other, that is a breach of the criminal law. If the neighbour who was assaulted brings it to their attention, the police and the criminal courts may become involved. Sometimes a particular event can breach both the criminal and the civil law. For example, a kidnapping could also be the basis of a civil law suit for false imprisonment. The law can sometimes change, so that conduct that was once considered a civil matter may become a criminal matter, or the other way around. A New Zealand example is defamation, which is insulting or harming a person's reputation (sometimes called libel or slander). Until 1992, defamation could lead to both a civil suit and a criminal prosecution. But in 1992, Parliament decided that defamation should only be dealt with as a civil matter.

The difference between criminal law and civil law

In understanding how UK law operates, it is important to distinguish between criminal law and civil law. Criminal activity occurs at both personal and business levels. Criminal acts include burglary, assault, drug trafficking, theft and murder. Criminal acts by businesses include fraud, industrial espionage and tax evasion. Civil disputes can occur at a personal level - for instance, when neighbours argue over late night noise or access to a shared driveway. They can arise between individuals and businesses, such as when customers refuse to pay their bills or companies fail to deliver a service to an agreed level. And they can occur between businesses over the right to use a brand name or trademark, for example. The Legal Services Commission has an impact in both the civil and criminal spheres. In 2000, it launched the Community Legal Service (CLS), creating local networks of suppliers, funders and service users who provide the widest possible access to legal information and advice relating to civil matters. One year later, it launched the Criminal Defence Service (CDS), which ensures that individuals involved in Criminal Investigations or Criminal Proceedings have access to the advice, assistance and representation they need.

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Criminal and Civil Law

Criminal law, one of two broad categories of law, deals with acts of intentional harm to individuals but which, in a larger sense, are offences against us all. It is a crime to break into a home because the act not only violates the privacy and safety of the home's occupants - it shatters the collective sense that we are secure in our own homes. A crime is a deliberate or reckless act that causes harm to another person or another person's property, and it is also a crime to neglect a duty to protect others from harm. Canada's Criminal Code, created in 1892, lists hundreds of criminal offences - from vandalism to murder - and stipulates the range of punishment that can be imposed. Since crimes are an offence against society, normally the state or Crown investigates and prosecutes criminal allegations on the victim's behalf. The police gather evidence and, in court, public prosecutors present the case against the person accused of the crime. For someone to be convicted of a crime, it must be proven that a crime was committed and, for most offences, that the person meant to commit the crime. For instance, striking another person is the crime of assault but it is only a crime if the blow was intentional. Civil law deals with disputes between private parties, or negligent acts that cause harm to others . For example, if individuals or companies disagree over the terms of an agreement, or who owns land or buildings, or whether a person was wrongfully dismissed from their employment, they may file a lawsuit asking the courts to decide who is right. As well, the failure to exercise the degree of caution that an ordinarily prudent person would take in any situation may result in a negligence claim. Depending on the circumstances, a person may be held responsible for any damages or injury that occurs as a result of their negligence. Family law cases involving divorce, parental responsibility for children, spousal support, child support and division of property between spouses or common law couples represent a large portion of the civil law cases presented to the courts. Challenges to decisions of administrative tribunals, allegations of medical malpractice and applications for distribution of the estates of deceased persons are other examples of civil cases. The party who brings the legal action is known as the plaintiff or applicant, while the party being sued is the defendant or respondent. The courts may dismiss a case, or if it is found to have merit, the courts may order the losing party to take corrective action, although the usual outcome is an order to pay damages - a monetary award designed to make up for the harm inflicted. The state plays no role in civil cases, unless the government launches a lawsuit or is the party being sued. Parties retain a lawyer - or may choose to represent themselves - to gather evidence and present the case in court. Differing standards of proof: More evidence is needed to find the accused at fault in criminal cases than to find the defendant at fault in civil ones. To convict someone of a crime, the prosecution must show there is proof beyond a reasonable doubt that the person committed the crime and, in most cases, that they intended to commit it. Judges and juries cannot convict someone they believe probably committed the crime or likely is guilty - they must be almost certain. This gives the accused the benefit of any reasonable doubt and makes it less likely an innocent person will be wrongfully convicted and imprisoned. Civil cases, in contrast, must be proven on abalance of probabilities - if it is more likely than not that the defendant caused harm or loss, a court can uphold a civil claim.

Commercial law[edit]
Main article: Commercial law

Offices in the Los AngelesDowntown Financial District

Most commercial transactions are governed by a very detailed and well-established body of rules that have evolved over a very long period of time, it being the case that governing trade and commerce was a strong driving force in the creation of law and courts in Western civilization. As for other laws that regulate or affect businesses, in many countries it is all but impossible to chronicle them all in a single reference source. There are laws governing treatment of labour and generally relations with employees, safety and protection issues (Health and Safety), anti-discrimination laws (age, gender, disabilities, race, and in some jurisdictions, sexual orientation), minimum wage laws, unionlaws, workers compensation laws, and annual vacation or working hours time. In some specialized businesses, there may also be licenses required, either due to special laws that govern entry into certain trades, occupations or professions, which may require special education, or by local governments. Professions that require special licenses range from law and medicine to flying airplanes to selling liquor to radio broadcasting to selling investment securities to selling used cars to roofing. Local jurisdictions may also require special licenses and taxes just to operate a business without regard to the type of business involved. Some businesses are subject to ongoing special regulation. These industries include, for example, public utilities, investment securities, banking, insurance, broadcasting, aviation, and health care providers. Environmental regulations are also very complex and can affect many kinds of businesses in unexpected ways.

DIFFERENCE B/W COMMON LAW AND CIVIL LAW

ROYALISTS are eagerly awaiting the birth of the Duke and Duchess of Cambridges first child. If a girl, she will be the first daughter to be able to accede to the throne ahead of any younger brothers. That is thanks to a law enacted in 2011 that changed the rules of royal succession. The previous law that sons took precedence over older sisters was never written down, but was instead part of English common law, the basis of the countrys legal system. But just what is common law, and how does it differ from the civil-law system used in some other countries? Common law is a peculiarly English development. Before the Norman conquest, different rules and customs applied in different regions of the country. But after 1066 monarchs began to unite both the country and its laws using the kings court. Justices created a common law by drawing on customs across the country and rulings by monarchs. These rules developed organically and were rarely written down. By contrast, European rulers drew on Roman law, and in particular a compilation of rules issued by the emperor Justinian in the 6th century that was rediscovered in 11th-century Italy. With the Enlightenment of the 18th century, rulers in various continental countries sought to produce comprehensive legal codes. Today the difference between common and civil legal traditions lies in the main source of law. Although common-law systems make extensive use of statutes, judicial cases are regarded as the most important source of law, which gives judges an active role in developing rules. For example, the elements needed to prove the crime of murder are contained in case law rather than defined by statute. To ensure consistency, courts abide by precedents set by higher courts examining the same issue. In civil-law systems, by contrast, codes and statutes are designed to cover all eventualities and judges have a more limited role of applying the law to the case in hand. Past judgments are no more than loose guides. When it comes to court cases, judges in civil-law systems tend towards being investigators, while their peers in common-law systems act as arbiters between parties that present their arguments. Civil-law systems are more widespread than common-law systems: the CIA World Factbook puts the numbers at 150 and 80 countries respectively. Common-law systems are found only in countries that are former English colonies or have been influenced by the Anglo-Saxon tradition, such as Australia, India, Canada and the United States. Legal minds in civil-law jurisdictions like to think that their system is more stable and fairer than common-law systems, because laws are stated explicitly and are easier to discern. But English lawyers take pride in the flexibility of their system, because it can quickly adapt to circumstance without the need for Parliament to enact legislation. In reality, many systems are now a mixture of the two traditions, giving them the best of both legal worlds.

Excise Duty vs Custom Duty The government imposes duties as a means of revenue collection for undertaking various social and development works. It is through the taxes and duties that the government is able to run the state. Duty, which is an indirect tax, can be called a tax levy on goods which are imported from another nation and also manufactured in the country. It can also be noted that duty is only levied on produce and not on individuals. The duty that is levied for goods manufactured inside the state can be called as excise duty. And the duty that is levied on goods imported from a foreign country is the customs duty. Excise duty is imposed along with VAT and sales tax. When looking at the price of goods, excise duty forms its major portion. Excise duty is valued ad valoreum, which means that the duty is calculated taking into account the number of goods or the volume of the goods. The customs duty of any goods is valued by its assessable value. It is the World Customs Organisation that has developed the assessable value. Each product has been given a value or code, which is four to ten digits. There is a general tendency in all countries to levy high customs duties on liquor and tobacco. Each country has its own rules and regulations and ways of imposing and collecting excise and customs duty. Excise and customs duties may differ from one country to another. When talking of both duties, most of the administrative procedures, valuation, confiscation, refund, appeal and settlement are the same in both excise and customs duty. Summary 1. The duty that is levied for goods manufactured inside the state is called excise duty. The duty that is levied on goods imported from a foreign country is the customs duty. 2. Excise duty is imposed along with VAT and sales tax. When looking at the price of

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Excise Duty vs Sales Tax Excise duty and sales tax are two different taxes. Taxes are financial levies imposed by a government upon its citizens that are compulsory and not voluntary. Through these taxes a government is able to function, makes its budget and performs its duties for the welfare of the population. There are many types of taxes such as wealth tax, income tax, sale tax, excise tax, custom duty, and toll tax and so on. Coffers of a government are filled with the help of these taxes paid by the citizens. Excise duty and sales tax are two taxes that are very prominent and form a bulk of the total collection under taxes. People are often confused and cannot understand the purpose of the two on the same product or item. This article will differentiate between the two taxes, Excise duty and sales tax, to remove any confusion. What is Excise tax? Excise tax refers to the tax that is levied upon production of an item and the manufacturer has to pay it when the finished good goes out of the factory. Thus it is also called as production tax or manufacture tax. This tax is not payable by the end consumer who buys the product and has to be borne by the manufacturer. Excise is different from customs as excise duty is levied on goods produced inside the country whereas custom duty is charged on good produced outside the country. What is Sales tax? Sales tax is a tax that is levied upon the end consumer of a product. Normally it is included in the MRP of the product so the consumer knows that he is paying the tax when he purchases an item from the market. In some cases, shopkeepers add it in the last of the invoice to keep it separate. This amount that a shopkeeper collects from the consumers is deposited by him to the government. This is a direct tax that is difficult to evade as a shopkeeper cannot hide his sales.

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