A Case Analysis

261 words - 2 pages

(a) In this case, the action for John’s culpable driving relates to the civil law and private law. The behaviour of speeding and drunk-driving which were accused by Mick Jones relates to criminal law and public law. The action that Jones ask for monetary compensation $15000 is related to the private law and civil law.
(b) The possible wrongs that John Smith,may have committed are
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Criminal law is involved in drunk-driving, speeding. Civil law is involved in culpable driving and the monetary compensation for $150000.
Outline how each matter could be resolved.
The drunk-driving, speeding, culpable driving resulting in death should be heard in the Magistrates’ court and the judge trail system should be adopted.
Because the amount of compensation exceeds the maximum limit in Magistrate’s court, the case should be heard in the upper court which is county court.
Discuss what type of penalty John may face.
John Smith may face both criminal punishment and civil punishment. His driving license must be revoked,and he should be sentenced for 8 years. The damage he should pay Mick is $100000.
(c) Civil law is concerned with relations and dealing between individuals, organizations and governments. Criminal law is concerned with laws that aim to protect individuals and the community. In the civil case, the plaintiff would be said to ‘sue’ the defendant, the plaintiff has the burden of proof: the responsibility of proving the case. The case must be proved

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