Question

2. List five key differences between civil law and criminal law. What two factors constitute criminal liability? Once you have created this material, explain what the term "the criminal act" means in this context as well as what "state of mind" refers to. What is the difference between these two identifiers?

Answer 1

answer-

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. on the other hand Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.

The purpose of civil law is To deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. on the other hand, The purpose of criminal law is To maintain the stability of the state and society by punishing offenders and deterring them and others from offending.

In civil law case is filed by Private party while In criminal law, case is filed by Government.

In civil law, Case starts with Filing a petition to the respective court or tribunal, by the aggrieved party. while criminal case starts with Firstly, a complaint is lodged with the police who investigate the crime, thereafter, a case is filed in the court.

Burden of proof in civil case means Claimant must give proof however, the burden may shift to the defendant in situations of Res Ipsa Loquitur( The thing speaks for itself). On the other hand, Criminal case consider "Innocent until proven guilty": The prosecution must prove defendant guilty.

Most crimes consist of two broad elements: mens rea and actus reus. Mens rea means to have "a guilty mind." The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm. Actus reus literally means "guilty act," and generally refers to an overt act in furtherance of a crime. Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad thoughts .

Criminal act is an act committed by a person that violates a law and which is punishable by the government. Criminal acts are offenses against the public which are punishable. It can be any act or omission or possession which poses a threat to the public.

State of mind means a criminal conviction requires that the defendant act with a "guilty mind." The law typically requires that a defendant act intentionally in order to be guilty.

The difference between these two is that if there is no state of mind to commit crime then criminal act is conducted. To constitute criminal act, the actus reus and the mens rea(state of mind) must occur simultaneously.