Sample on Difference Between Criminal And Civil Law

Question: Describe about the Difference Between Criminal and Civil Law? Answer: 1. I shall advise Tom to take civil action against James. This is because there are certain rights and duties of citizens to one another and when such duties are not obliged by, then necessary civil action can be taken (Peter, 2013)1. James has a civil duty to remove the loose branches of his tree from the area owned by Tom. Civil law deals with resolving the private disputes between private parties. This case involves torts which is a legal wrongdoing done to the safety of an individual and shall be directed under civil case (Skwirk)2. 2. Tom shall take tort of negligence as the cause of action against James as he neglected his duty to act in the manner required which has ultimately caused damage to the property owned by Tom. This is due to negligence on the part of James even after various letters and reminders given by Tom. He shall be liable for the lack of necessary action taken by him which has caused harm to property owned by Tom. This is legally recognized harm. In 1932, the case of Donoghue v Stevenson 3 brought about the concept of law of negligence and it has been developed since then. The duty of care by the defendant to the plaintiff was introduced and determined in the case. The breach of such duty and the damages caused was also discussed (Law Vision Pty Ltd, 2008)4. 3. The tort of negligence shall take place where the defendant owes a duty of care and he has done breach of that duty. The three elements of tort of negligence by which Tom, the plaintiff shall be successful to make James, defendant liable are : A duty of care: There is a duty of reasonable care which should be taken by the defendant to the plaintiff. James was required to take reasonable care of attending the problem brought forward by Tom, of loose branches hanging over Toms fence. A breach of that duty by the defendant : The defendant shall be stated to have done breach of duty as he has not taken required standard of care of taking into consideration various letters issued by Tom of hanging branches of his tree on his roof causing potential damage to his property or family. Even after the physical visit of Tom at James house of branches crashing against the roof of Toms garage due to winds, James did not give consideration to it and conducted breach of duty of care of a neighbor. Damage to the plaintiff should be associated with the default done. Due to negligence on the part of James, Tom had to ultimately face physical loss of his roof and huge loss to his car (Law Vision Pty Ltd, 2008)4. 5. Tom has good chances of being successful as he has proof of various letters issued by him to James and also notice for compensation of damages caused due to James tree. He can file a civil case against James and ask for compensation of damages suffered by him due to breach of duty of care as a neighbor. References: Peter, 2013, Whats the Difference Between Criminal and Civil Law?, Available From https://www.sabalawyers.com.au/whats-the-difference-between-criminal-and-civil-law/ [17 March 2015]. Skwirk, Criminal law and civil law, Available From https://www.skwirk.com/p-c_s-18_u-99_t-243_c-813/criminal-law-and-civil-law/nsw/criminal-law-and-civil-law/law-and-society/areas-of-law[17 March 2015]. Donoghue v Stevenson 1932 AC 562 Law Vision Pty Ltd, 2008, Available From https://www.lawvision.com.au/uploads/PDFs/Tort%20Law%20.pdf[17 March 2015].