Question

You are working as an intern in the insurance company, Aza DAC. The following briefs have appeared on your desk and you are required to prepare detailed accurate advice.

Part A

Fred Murphy holds an insurance policy with Aza DAC. In June 2018, he was driving his car rapidly down a country road rushing to soccer training. While driving his mobile phone rang loudly and Fred reached behind him to the back seat of the car to take the phone from the pocket of his jacket. Fred answered the phone and continued to drive.  

Margaret was driving along the same road and collided with Fred whose car swerved onto the side of the road on which Margaret was driving.

The Gardai were called and came to the scene of the accident and obtained statements from both Fred and Margaret.

Margaret’s car was very badly damaged after the collision and was beyond repair. Margaret also suffered some serious personal injuries. She has not been able to work since the accident.

Last week, Fred received a letter from Margaret’s solicitor outlining that Margaret was now taking action against Fred for her personal injuries and the damage to her property arising from Fred’s negligent driving.

Yesterday Fred received a summons from the Gardai charging him with the offence of dangerous driving under the road traffic legislation.

Fred is confused as he did not think that two separate cases could arise out of the same incident.

Required

Evaluate the distinction between criminal law and civil law. You should also provide accurate advice to Fred as to whether or not he is correct in his belief that two separate incidents cannot arise out of the same incident.  
You should also advise Fred of any possible sanctions he could face arising from this incident, indicating which one Fred is most likely to receive, and providing justifications for your answer.
(30 marks

Answer 1

Every country’s constitution enforces certain laws, for the purpose of maintaining order and protecting the society from crimes. These laws are broadly classified into two categories, i.e. Civil Law and Criminal Law. The Civil law lays emphasis on resolving the dispute like family dispute, rent matters, disputes relating to the sale and so forth. On the other hand, Criminal law stresses on punishment to the offender, who breaches the law by acts such as, murder, rape, theft, smuggling, etc.
Civil law, plays a crucial role, as it resolves most of the private matters, that happen to individuals. Conversely, the criminal law holds dominating positions among the social control agencies, as it is a powerful tool which is used to protect the public interest against anti-social conduct. Take a read of the article given below, to understand the difference between civil law and criminal law.

Civil law alludes to the system of rules and regulations, which describes and safeguards the rights of the residents of the country and provides legal remedies to a dispute. It includes cases relating to private matters such as property, contracts, torts, family dispute, etc.

The party who files the suit is called plaintiff, while the party who responds to the suits is known as a defendant and the entire process is termed as litigation.

The basic objective of the civil law is to seek redressal of the wrongs, by imposing compensation on the wrongdoer rather than giving punishment. The wrongdoer bears only that extent of the damages, which are required to make good the wrong done to the aggrieved party.

A general law, which is associated with disputes between individuals, organizations, or a two, wherein the wrongdoer compensates the affected one, is known as civil law. The law with respect to the offenses or crimes committed against the society as a whole is criminal law.
While a civil law is initiated by a plaintiff, i.e. the aggrieved party, in criminal law the petition is filed by the government.
The purpose of civil law is to sustain the rights of a person and to compensate him. On the other hand, the purpose of criminal law is to maintain law and order, to protect society and to give punishment to the wrongdoers.
To start a case in civil law, one needs to file a petition to the respective court or tribunal. Conversely, to begin a case in criminal law, first of all, the complaint should be registered with the police who investigate the crime, thereafter, a case is filed in the court.
Civil law is concerned with any harm or infringement of individual rights. As against this, the criminal law is all about the acts which law defines as offenses.

The above are the main difference you will get answer for your question in the above information