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Assignment sample solution of CLW101 - Principles of Civil Law

Q.1: Explain the key difference between civil law and criminal law.

Q.2: What is the role of precedent in civil law systems?

Q.3: Discuss the importance of alternative dispute resolution (ADR) in civil law.

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Civil Law Assignment Sample

Q1:

Answer :

Q.1 Ans. Civil law addresses disputes between individuals or entities regarding legal rights and obligations, while criminal law deals with offenses against society and state-imposed penalties. Civil cases often involve compensation, such as damages for breach of contract, whereas criminal cases involve punishment like imprisonment. The burden of proof in civil law is "balance of probabilities," whereas criminal law requires "beyond a reasonable doubt."

Q.2 Ans. Precedent, or stare decisis, ensures consistency and predictability in legal decisions. Courts follow previous rulings by higher courts in similar cases, guiding lower courts. In civil law systems, codified statutes primarily govern decisions, but precedents influence the interpretation and application of laws.

 

Q.3 Ans. ADR, including mediation and arbitration, offers cost-effective, timely solutions compared to traditional litigation. It fosters confidentiality and preserves relationships, particularly in family and commercial disputes. ADR reduces court burdens and promotes collaborative resolutions, making it essential in modern civil law practice.