Civil Law Vs Criminal Law Essay
1. Describe in detail the differences between civil law and criminal law.
• A civil case involves a dispute between two people, or parties, on a certain issue. One party sues the other, and the jury determines liability and the amount of damages. The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract.
• Criminal law considers a crime an act against society rather than an individual. Therefore, the government brings legal action against a person for committing a crime. If found guilty, the defendant may have to pay a fine, serve time in jail or prison, or be placed on probation. The law and society view jail time, or incarceration, as the loss of one 's personal freedom and thus, a more severe penalty than a monetary fine.
2.
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For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller 's promise to deliver title to the property.
9. Can a promise enforce a gratuitous promise at law? In equity? Describe why or why not.
A promise cannot force a gratuitous promise at law. A gratuitous promise is essentially a unilateral transaction going from one party to the other, not an exchange between the parties as consideration must be. In equity, promissory estoppel can be thought of as rather a “substitute” for consideration that sometimes can be used where actual consideration is not present and injustice would otherwise result.
10. Name and describe four types of contracts that are included in the Statute of Frauds.
1. Contracts Made in Consideration of Marriage – prerequisites prior to marriage must be in writing in order to be enforceable
2. Contracts Incapable of Being Performed within a Year from the Time They Are Made – time starts to run when the contract is made, not when it’s to be
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