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Essay text:
Ongoing conclusions will also be presented.
TWO POTENTIAL CLAIMS
Differences between a Civil and Criminal Claim:
A crime may be defined as "a legal wrong for which the offender is liable to be prosecuted, and if convicted, punished by the State." Therefore a criminal claim is made "by the state on behalf of the general public".
In civil law, the state may provide the processes by which a dispute may be resolved but other than this has no direct involvement in the altercation. The dispute is between the individual parties only.
Civil law comprises of 6 main areas of law with which a director need be concerned:
? Law of Contract
? Law of Tort
? Commercial or Mercantile Law
? Company Law
? Employment Law
? Land Law
Due to their fundamental difference, the terminology used for each type of claim is also different?
General Term Criminal Claim Civil Claim
Person(s) starting the case Prosecutor Claimant/Plaintiff
To bring case against Charge, then prosecute Bring action against
Found guilty Convicted Liable
Found not guilty Acquitted Not liable
Another difference between these types of claim is the court systems...
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