It may be argued that the main differentiating factor between us and other species is our ability to think consciously. Of course, this consciousness is accompanied by sentience and, more importantly, an awareness of right and wrong. It is on this basis that much of our modern societies have been constructed. From businesses and trade to religion and community, the majority of individuals live their lives within the guidelines of our agreed moral framework. With this in mind, the purpose of the law is to ensure that this framework is adhered to and that the line between just and unjust is not crossed.
However, the concepts of right and wrong are far from black and white. What’s more, actions viewed as wrong, immoral or unethical do not always fall under the category of criminality. Owing to the breadth and complexity of the justice system, matters of law are separated into two distinct categories. We are, of course, talking about criminal and civil law.
Here in the UK, there are stark differences between civil law and criminal law. From the cases with which they are concerned to the individual outcomes, each has its own area of focus. There are a multitude of reasons for the separation of each area; though justice may be understood as an objective concept, the individual circumstances, motives and justifications for ‘crimes’ are entirely unique.
In the following article, we’ll aim to clarify the roles of both civil solicitors and criminal lawyers, outlining the types of cases that would be relevant to each and demonstrating the need for their distinction.
Read on to discover our guide to the differences between civil solicitors and criminal lawyers.
What Is Civil Law?
As the same suggests, civil law concerns itself with cases that arise between individuals or organisations. More often than not, civil law cases are filed by private parties and are resolved via compensation rather than a criminal charge.
Typically, civil offences include disputes involving money, custody, property, personal injury and negligence. In each of these cases, civil solicitors aim to obtain justice or compensation for the wronged party.
As these cases are focussed on resolution, be it through compensation or otherwise, the accused party is not at risk of prison time. That said, civil lawsuits often result in significant amounts of money being paid by liable parties, such as a medical institution that has acted negligently towards a patient.
Examples Of Civil Law
Hopefully, the above explanation has helped to clarify what is meant when we refer to civil law. However, as the term covers a multitude of situations and individual circumstances in everyday life, it may be worth outlining a handful of areas that fall under the jurisdiction of civil law.
Property, Ownership & Use
One of the more common areas that falls under civil law is the ownership and usage of property. Whether it is a dispute with a neighbour, co-owner, landlord, or tenant, civil solicitors often handle cases involving property law. Though the severity of property and ownership disputes can vary greatly, from domestic disagreements to large-scale engineering and building works, the role of a civil solicitor is to establish a case and obtain compensation or an agreement for the wronged party.
Family Disputes
Of course, disputes are by no means limited to third parties, and many disagreements arise from within family units. Civil lawyers are well-versed in all areas of family law; from prenuptial agreements, child custody and adoption to divorce, separation and civil partnerships, all manner of family disputes fall under the jurisdiction of civil law.
It goes without saying that no two family disputes are identical; here at DJP Solicitors, each of our expert lawyers are specialists in their respective areas. No matter the nature of your dispute, you can be sure that one of our well-versed legal professionals will handle it with utmost attention and discretion.
Business & Commercial Disputes
As is often the case regarding matters of finance and business, disputes commonly arise when a party feels that a contract or agreement has been breached. Business and commercial disagreements can often be complex and involve a number of moving parts, so ensuring that cases are handled by experts is essential.
Whether it is a matter involving supply contracts, ownership, client relationships or commercial property, civil litigation lawyers are able to provide expert advice before disputes escalate. Of course, de-escalation of disputes is not always possible and, if the matter is taken to court, expert lawyers are needed to handle your case.
Here at DJP Solicitors, we’re here to assess your case and assist you through each stage of your civil court case, working alongside you to reach the outcome you desire.
What Is Criminal Law?
With a firmer understanding of civil litigation and the cases that fall within this area, we can now explore criminal law and, in the process, establish the main differences between the two.
As you may have guessed, criminal law is concerned with cases that are detrimental to society as a whole, rather than a single individual. Criminal acts are those that breach laws created and passed by parliament.
That said, the line between civil and criminal offences is not always clear. What’s more, if evidence unearthed during a civil case prompts a criminal investigation, the case may develop and be taken to a criminal court.
Examples of criminal law include, but are by no means limited to, the following:
● Sexual Assault
● Drug Related Offences
● Burglary & Theft
● Murder & Manslaughter
● Fraud
● Money Laundering
● Assault
● Domestic Abuse
What Distinguishes Civil & Criminal Law?
With a clearer understanding of these areas of law and their main focuses, the difference between the two begins to become clearer. As highlighted above, civil law is concerned with issues and disputes that arise between individuals, whereas criminal law exists as a means to protect society’s values, clarifying the divide between just and unjust, acceptable and unacceptable.
Of course, this understanding is merely scratching the surface; there are countless differences between civil and criminal cases. From the parties involved to the trial, defence, case and outcome, these two areas exist separately for a number of reasons.
Below, we will discuss the main differences between the two areas, in turn, clarifying the roles of both civil solicitors and criminal lawyers.
Who’s Involved?
One clear difference between civil and criminal law is the parties involved. Within a criminal case, defendants are brought before the state and prosecuted for the crime they have committed.
On the other hand, civil cases involve individual parties or individuals and organisations. Rather than being brought forward by police, as is the case in criminal investigations, civil cases are raised by the wronged party or ‘claimant’.
Evidence Required & Standard Of Proof
Another distinguishing factor between civil and criminal cases is the evidence required. Technically referred to as ‘standard of proof’, the amount of evidence needed to find someone guilty within a criminal court is much higher than that required for a civil case.
To find an individual guilty of committing a crime, the case must be proved ‘beyond all reasonable doubt’. In other words, the defendant’s guilt must be so clear that it cannot be denied by any rational person.
However, the standard of proof required to prove a civil case is less scrupulous. Within matters of civil law, the claimant is only required to prove that their case is more likely to be legitimate than false for a ruling to be passed.
Outcomes & Punishment
Finally, it is worth noting the difference in outcomes from civil and criminal cases. Whether it is from films, television or popular culture, most people are familiar with the charges of guilty and not-guilty, however, this only applies to criminal cases.
In civil cases that make it to court, the outcome is either liable or not liable, though partial liability may be ruled in some cases. These rulings usually award the wronged party damages or compensations.
DJP Solicitors: Experts In Civil Law
If you’re looking for professional, reliable and affordable civil lawyers across Aberdeen and the North East, look no further than DJP Solicitors. Our expert team are well-versed in a wide range of civil matters, from separation and divorce to family law, civil disputes and more.
No matter your requirements, we’re here to help. Don’t hesitate to contact us today.
Call us on 01224 590053 or send an email to info@djpsolicitors.com.
Comments