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ARTICLE · 21 SEPTEMBER 2022

What is the difference between civil and criminal law?

Outline of the main characteristics of criminal and civil law.

AustraliaCriminal Law

Being involved in legal proceedings can be daunting and stressful, not to mention confusing to many people.

Those familiar with the legal process, such as lawyers and judges, may use unfamiliar legal terms like call-over, directions, pre-locutory, mention, committal, and even spout out sections of the law with little regard to the fact that many who are less familiar might not fully understand them or how they may impact on their lives.

On a broader level, it is important for court participants to understand that the law is extremely complex and contains many different fields, and that the legal processes, processes, rules of evidence (what can be used to prove or disprove a case) and the onus of proof (which side has to prove the case) as well as degree of proof (for example, whether the case needs to be established more that 50% – known as on the balance of probabilities – or beyond reasonable doubt) that apply to any given case can depend – to an extent – on whether that

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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