Public/Private and Criminal/Civil (1 Viewer)

[Guernica]

Do they mean pretty much the same thing? As in Criminal is Public and Civil is Private?

I just hit a brain blank.. and they seem like pretty much the same to me right now.

 

[Mc_Meaney]

• Public
o State v Citizens
o Covers admin, constitutional, criminal + industrial law

• Private
o Citizen v Citizen
o Involves torts, contracts + family matters

Civil Law can involve a citizen taking action against a state department, so its not necessarily private law...

Remeber the basics of criminal and civil proceedings (burdern of proof, standard of proof all that stuff)

 

[Guernica]

Oh yep. Thanks heaps for that!

 

[melsc]

Criminal and Civil are examples of public and private

 

[lunavixen]

just think, public: involves government
private: does not

 

[sasa-o8]

Hm yeah I wondered the same thing about public/private and civil/criminal. So civil and criminal are EXAMPLES of public and private?

I have another question:

burden of proof = the plaintiff
standard of proof = on the balance of probablities

Do these belong to CIVIL or PRIVATE?

Please help my confused soul :'( Thanks.

 

[subdued123]

Ok.

Firstly, at your level, don't try to get too muddled in this civil/private distinction. Basically, both types refer to where A sues B. As noted above, public law involves the government, and its role in regulating society -->constitutional law is a good example.

The bottom line: civil law involves actions between citizens, be it tort or contract.

The burden of proof refers to who needs to prove what. So yes, in a civil matter (which is the better word to use), the plaintiff needs to bring a case and prove things. And if that can be established, it then shifts to the defendant to disprove it.

And the standard of proof refers to the level of proof required - "balance of probabilities" means that the judge needs to think that one side was more likely than the other to have told the truth.

This should be contrasted with criminal matters, where the prosecution (the state) needs to prove its case beyond a reasonable doubt (i.e. no doubt can exist in order to secure a conviction). As you can see, the burden of proof is higher in criminal matters, and rightfully so.

To say again - don't get hung up on this private/civil law divide, it only muddies the waters. Not now at least.

 

[sasa-o8]

Hi,
Thanks subdued123, you've cleared things for me

 

[gibbo153]

Hi,
Thanks subdued123, you've cleared things for me

also don't confuse civil criminal proceedings with the 'civil law system'

the civil law system refers to inquisitorial legal system like that of France, Germany, Luxembourg etc

im sure you know what it is. but yeah. dont confuse them! stupid similar words lol