Philosophy 1020 Lecture Notes - Lecture 10: Public Law, Private Law, Torte
16 May 2016
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Private law the parties involved in the dispute are two private citizens. Public law between the state and citizens. Laws of constitution are used in public law cases. Criminal law is an area of public law (r. v. jones the state versus jones) A kind of a wrong that you can sue someone over. Tortes are wrongs we can use crime interchangeably with torte. A bit of set up: the burdens and standards of proof. In private law: the plaintiff must make out her case against the defendant on the balance of probabilities . Standard of proof: the balance of probabilities it tips in favour of my allegations. In criminal law: the crown must persuade the fact-finder of the guilt of the defendant (or accused) beyond a reasonable doubt . Innocence until proven guilty you don"t have to prove that you"re not guilty, the crown has to be persuaded otherwise. A party was injured, two parties are involved.
