![Page 1: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/1.jpg)
Differences Between Criminal Cases and Civil Disputes
![Page 2: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/2.jpg)
2
• Differences between criminal cases and civil disputes
Success Criteria• Define different types of criminal case • List the parties to a criminal case• Define civil dispute• List the parties in a civil dispute• Describe the consequences of civil and criminal cases.• Describe the overlap between civil and criminal
Learning Intention
![Page 3: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/3.jpg)
Criminal Cases
• Usually between the state and an individual or individuals
• involve actions that are against the law, harmful to society and punishable by the law.
• Examples of offences covered under criminal law include murder, theft and fraud.
![Page 4: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/4.jpg)
Parties to a Criminal Case
• Prosecution– Acting on behalf of the state to prosecute in the
case• Accused – the person accused of the crime
• Victim – who has been offended against.
![Page 5: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/5.jpg)
Criminal Cases
![Page 6: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/6.jpg)
Criminal Cases
Indictable Offences
Summary Offences
![Page 7: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/7.jpg)
Summary Offences
• Minor criminal offences that are heard before a magistrate in the Magistrates’ Court– Eg. offensive behaviour.
• Many summary offences are breaches of local laws or laws made by subordinate authorities
• Offences listed in most Acts of parliament are summary offences unless an Act declares them to be indictable offences.
![Page 8: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/8.jpg)
Indictable Offences
• Serious criminal offences that are heard before a judge and jury in superior courts such as the County Court or Supreme Court– Eg. homicide and fraud.
• As a general rule, offences listed in the Crimes Act 1958(Vic.) and the Wrongs Act 1958(Vic.) are indictable offences unless these Acts state that an offence is a summary offence.
![Page 9: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/9.jpg)
After a crime has been committed
Drop the case because of insufficient evidence
Channel the accused into a diversionary program or a victim/offender mediation program
Send to court
![Page 10: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/10.jpg)
Civil Disputes
• Disputes between two or more individuals or groups. • Civil actions usually involve the infringement of rights. • The aim of a civil action is to return the party
whose rights have been infringed to his or her original position (as far as possible).
• The most common types of civil actions are:– Torts (may result from negligent but not intentional criminal actions)
• eg. negligence, trespass, nuisance and defamation, and
– contract law, • involves a dispute about a legally binding agreement between two
or more parties.
![Page 11: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/11.jpg)
Parties to civil disputes
• Plaintiff (party who has been harmed)sues the
• Defendant (party who has allegedly caused the harm)
The plaintiff seeks a particular remedy.
![Page 12: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/12.jpg)
Resolving Civil Disputes
Court
Tribunal
Alternative Dispute Resolution
![Page 13: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/13.jpg)
Consequences of Civil and Criminal Cases
• Consequence of being found guilty of breaking a criminal law is punishment
of the offender, determined by the court– Eg: imprisonment, a community protection order
or a fine.• Consequence of a successful civil action
usually includes damages being paid by the defendant to the plaintiff or another civil remedy
![Page 14: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/14.jpg)
THE OVERLAP BETWEEN CRIMINAL LAW AND CIVIL LAW
Criminal Prosecution
Civil Action
Assault Case
Instigated by State
Not guilty
Instigated by Victim
Liable
Heard separatelyIn different courts?
![Page 15: Differences Between Criminal Cases and Civil Disputes](https://reader036.vdocument.in/reader036/viewer/2022062408/56649f165503460f94c2bd8b/html5/thumbnails/15.jpg)
Learning Activity
• LA - Pg 283• LA 6.1• LA 6.2