Name: Daniel Blessed Adaku Dept: Law Course: Nigerian Legal System Mat No: 19080100022

Name: Daniel blessed Adaku
Dept: law
Course: Nigerian legal system
Mat no : 19080100022
Enumerate and briefly discuss the major differences between

civil and criminal law
What is Criminal Law?
Criminal law relates to the offences that negatively affect society as a whole, rather than
just one person. Criminal laws are put in place by Parliament to prevent breaches of conduct
which they deem as harmful towards the whole of society.
If a person breaches criminal law, then they will face criminal prosecution by the state.
Criminal proceedings are brought by the Crown Prosecution Service and will be heard in
Magistrates’ Court or the Crown Court. If you are then convicted, you may receive a prison
sentence or a community order.
The standard of proof for criminal law cases is “beyond a reasonable doubt” or “certain so
you can be sure.” These both mean the same thing.
Examples of criminal offences include:
Murder
Manslaughter
Fraud
Assault
Sexual Offences
Burglary
What is Civil Law?
Civil law is more concerned with cases between individual people where one person
commits an offence which is harmful towards another person, their rights or their property.
Civil law also settles disputes between individuals and organisations.
If you are convicted of a civil offence, you are not likely to be sent to prison, but most often
will become liable for compensation.
The standard of proof for civil law cases is “the balance of probabilities.” However, certain
civil offences such as disciplinary proceedings for solicitor misconduct can use the higher
standard of “beyond reasonable doubt.”
Examples of civil offences include:
Personal injury
Breaches of contract
Employment tribunals
Negligence
What Are the Differences?
1: The most noticeable difference between the two systems is what the aim of the cases
seems to be. In Civil law, the aim is to put the person who has suffered harm back in the
position they were in before the harm occurred – in other words, the aim is to set right an
unfair situation.
On the other hand, Criminal Law has the aim of punishing the offender in a way that is
designed to prevent them from carrying out the offence again. Moreover, the existence of
laws preventing crime has a more general aim of creating a stable and law-abiding society.
Another difference as highlighted above is that civil cases are brought by individuals or a
single organisation whereas criminal cases are brought by the government through the CPS.
Moreover, there is a difference with regard to appealing these cases if you disagree with the
verdict. Both parties can appeal in a civil case whereas only the defendant can bring an
appeal in a criminal case.
2: Criminal laws at the local, state and federal level define criminal activities and establish
legal punishments for those convicted of crimes like arson, assault and theft. Criminal law
cases are only conducted through the criminal court system.
In contrast, civil laws deal with the private rights of individuals. Civil laws are applied when
an individual has had his or her rights violated or when individuals have disputes with other
individuals or organizations. Some matters of civil law are handled outside a court of law,
such as through a third-party mediator. Alternatively, lawsuits may be resolved through a
non-criminal trial.
3: Burden of Proof
Criminal courts and civil courts have different standards. In a criminal court, a defendant is
either acquitted or found guilty beyond a reasonable doubt. It is the responsibility of the
state or federal government to prove that the defendant undoubtedly committed the crime.
In a civil court, a plaintiff brings a lawsuit against a defendant. The burden of proof falls on
the plaintiff, who must prove that it is more likely the defendant was responsible for the
problem than not. If a jury decides that a defendant was responsible, that defendant is said
to be liable rather than guilty.
4: Legal Penalties
In a criminal case, a judge sentences a defendant who is found guilty by a jury. The judge
must follow the sentencing guidelines established by current criminal law. Within those
sentencing guidelines, the judge has some discretion. Legal penalties in a criminal case may
include incarceration, probation and fines.
In a civil case, a defendant who is found liable for an act of wrongdoing can be ordered by
the jury to pay damages (financial compensation) to the plaintiff. Compensation can be
awarded for quantifiable losses such as medical bills, or for subjective losses such as pain
and suffering. Sometimes, a jury may award additional punitive damages.
Distinguished between ethnic customary law
and Islamic law
What is customary law?
Andrew Obasiki, J.S.C defined customary law as

the “organic or living law of the indigenous
people of Nigeria regulating their lives and
transactions. It is regulatory in that it controls
the lives and transactions of the community
subject to it“. This definition was given in the
case of Oyewunmi v Ogunesan. Customary law
can also be defined as the law which has from
long and consistent.
What Is Islamic law

Islamic , also known as "Shariah" or "Shari'a," is
an Islamic religious law that governs not only
religious rituals but also aspects of day-to-day
life in Islam. Sharia, literally translated, means
"the way."
There is extreme variation in how Sharia is

interpreted and implemented among and
within Muslim societies today. This is especially
prevalent for its financial laws.
Differences
Customary law
 It must be acceptable
 It must be custom as well as law
 It should be universally applicable within the area
of acceptability
 It must be in existence
 It is largely unwritten and related to its unwritten
nature is its flexibility.
Islamic law
 Islamic law is not flexible unlike customary law
 Islamic law unlike customary law is largely written
 Again Islamic law being a law based on religion is
rigid or dogmatic in nature.

Name: Daniel Blessed Adaku Dept: Law Course: Nigerian Legal System Mat No: 19080100022

Uploaded by

Copyright:

Available Formats

Name: Daniel Blessed Adaku Dept: Law Course: Nigerian Legal System Mat No: 19080100022

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Name: Daniel Blessed Adaku Dept: Law Course: Nigerian Legal System Mat No: 19080100022

Uploaded by

Copyright:

Available Formats

Name: Daniel blessed Adaku

Enumerate and briefly discuss the major differences between

What is Civil Law?

Andrew Obasiki, J.S.C defined customary law as

What Is Islamic law

There is extreme variation in how Sharia is

You might also like