Friday, September 13, 2019

Criminal sanctions, civil remedies Essay Example | Topics and Well Written Essays - 2250 words

Criminal sanctions, civil remedies - Essay Example Further, the essay will discuss the set of rules that determine the rights, duties and responsibilities under both criminal and civil law, and also the difference in the intentions of these two types of law. The essay will also focus on the nature of gains that the two types of law would seek to secure for the claimants. The essay will be broken down into three parts: Sanctions refers to a penalty that the courts issue on a party either in a criminal or civil proceeding, as a way of punishing a party for committing an act prohibited by the law (An introduction to criminal sanctions, 2015:5). On the other hand, remedies have been defined as the relief offered to the winning litigant in a civil case (An introduction to civil remedies, 2015, 5). Remedies as applied in civil law are actually different from sanctions, owing to the fact that remedies are not usually punitive, while sanctions must have a punitive effect on the party losing the case. Therefore, while the issuance of a sanction in a civil proceeding by the courts is meant to punish the party found to have committed a wrongdoing, the issuance of a remedy is meant to redress the loss that has been suffered, or which is to be suffered by the winning party in a civil case (An introduction to civil remedies, 2015, 5). The legal principles that apply to the criminal cases are very different from the principles that apply to the civil cases. The fundamental difference existing between civil and criminal cases is the notion of punishment. While the criminal principles of the law seek to punish the offender, the civil principles of the law seek to redress the wrong that has been done by one party against another (An introduction to civil remedies, 2015, 5). In this respect, the motives of the criminal law are totally different from those of the civil law, and similarly the gains sought by the criminal law are completely different from those ones

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