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LWSO 203-01 March 11, 2013.doc

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University of Calgary
Law and Society
LWSO 203
Marywyatt Sindlinger

LWOS 203-01 March 11, 2013 Tort Law 1) Criminal Law vs. Civil Law a) Criminal law i) Public Law ii) Accused/ Crown prosecutor iii) Guilty/not guilty iv) Beyond a Reasonable Doubt b) Civil Law i) Private law ii) Plaintiff/defendant iii) Liable/not liable iv) Balance of probabilities • Purpose of criminal law is social control • Government/state executes the control • Criminal law: It’s a form of public law • Negligence law is private law between private individuals like corporate groups, etc. ; try to promote save environment amongst society • Both (criminal and negligence law )control criminal behaviour • Do not talk about guilt in neg. only talks about liable (persons done something not morally wrong but did something and had a negative effect on someone else and is responsible for the negative action, no matter how innocent they may be from a moral perspective) • Criminal you talk about the individual being guilty • Criminal law focus is on punishing the offender • Neg. law you composite the consequences • Criminal law, you get the crown prosecutor versus accused (guilty or not guilty) • Neg. law you have the complainant versus the defendant (liable or not liable) • Can be tried criminally and in neg. for a negative behaviour • Criminal law: prove case beyond reasonable doubt • If found guilty in criminal law then your found liable in civil law but it’s not always the other way around 2) Tort Law a) Purpose: compensation b) Duties
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