Law in general results from the necessity to resolve disputes in society between individuals or individuals and society.
In order to facilitate this conflict resolution, laws have been enacted by governments to regulate the bahviour of people. Many of these laws have their origin in common law, where decisions have resulted in precedents which have later been used as a yardstick to make similar decisions in similar cases. This has been done so that laws are seen as fair and unbiased according to the principles of rule of law.
Many common law decisions were oral judgments which later were written down. Judges' decisions were also written down, thus, the two combined would form the basis for civil law decisions.
In civil law, there are two parties. One of the parties has been wronged by the other party. If this happens, the wronged party has the right to recourse in a court of law. The purpose of recourse is to create a situation similar to the one that existed before the wrong occurred.
The wrongdoer is called the defendant while the accuser is called the plaintiff. The plaintiff must start the civil action against the defendant by outlining the nature of his claim. This claim must be served on the defendant who then will have to defend the plaintiff's claim or make a counter claim. Most claims are for money in the form of damages or compensation for injuries, either physical or to the character of the plaintiff.
The judge will listen to the evidence presented and make a ruling. This ruling is base on proportional allocation of "guilt".
With respect to some insurance schemes, such as automobile insurance, there is often "no-fault". "No-fault" schemes reduce excessive multi-million dollar claims to a fixed amount payable by the insurance corporation based on proportional assessment of guilt.
In any case, damages or compensation will flow to the plaintiff if the evidence shows sufficient "guilt" on the part of the defendant.
In criminal law, there are also two parties. The wrongdoer, the accused or offender, and the victim. Criminal offenses are seen as actions against public interest. Therefore, it is in the interest of the state to prosecute criminal offenders. The purpose of punishment is twofold: it is a deterrent for others to act in a criminal manner, it is also intended as a form of rehabilitation. Victims involve the police so that charges can be laid.
While civil law works on the basis of probabilities, criminal law works on absolutes. The state prosecutor has to prove guilt beyond a reasonable doubt. This means that evidence must be secured that clearly links the accused to the criminal act. In some cases, circumstantial evidence can be used but must be accompanied by enough physical evidence to make a charge stick. Witnesses are also a crucial part of this process.
In a criminal trial, two things must be present: actus reus and mens rea. Actus reus refers to the physical act that has occurred; mens rea refers to the criminal intent. Both must be present for a conviction to occur. If found guilty, the offender will serve time in jail or penitentiary or have to pay a fine.
The money fine will go into a Victims' Fund, not to the victim of this particular crime. Many people today see this process as flawed since it is the state that benefits financially, although one could argue that the fines only cover the costs incurred by the court system. However, crime victims or their families get nothing and are forced to go through civil litigation to recover damages.
Criminal law recognizes two types of offences: summary conviction and indictable offence. Summary conviction offences are less serious than indictable offences.
In addition to summary conviction and indictable offenses, there are hybrid offenses. These are offenses that can be tried either way, depending whether or not it is a first time offence or a repeat offence.