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sjd1501 assignment 03
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This document provide answers to assignment 03 of social dimensions of justice.
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Assessment 031. The difference between criminal law and civil law is that in criminal law
has the ultimate deal with of maintaining the stability of the state and
society. However, civil law is concerned on dealing disputes between
individuals. In criminal case, the government must find the defendant’s
guilty beyond reasonable doubt, if the defendant is guilty will face
prison or jail. In civil case if an individual is found liable he or she will
be ordered to compensate or to give up property and he will not be
jailed or face prison.
In criminal case, the defendant almost always have the right to trial by
jury except in infraction cases. In civil matters, there are many cases
where there are no right to trial by jury. In criminal case, if the
defendant does not afford a lawyer the state will provide him or her with
one. However, in civil cases is a defendant do not afford a lawyer, he
or she is more than welcome to represent themselves.
In criminal cases, an individual is taken to court because he/she is
accused of crime such as murder, sexual assault and theft. In civil
cases, an individual or organization ask a judge to settle a civil case
problem, such as a problem involving a contract or family problem.
2.
2.1 Civil Case, The jurisdiction is the high court
2.2 Civil Case, The jurisdiction is the high court
2.3 Criminal Case, The jurisdiction is the magistrate court
2.4 Criminal Case, The jurisdiction is the magistrate court
2.5 Criminal Case, The jurisdiction is the magistrate court
3. Negotiation is a process where by two parties in a disputes reach
settlement between themselves that they both agree on. Mediation
means the process in which a neutral third party is involved/ assist the
parties in a conflict. Arbitration refers to a process of decision made
by the third party.
Negotiations are reached through discussions made between two
parties or their representatives without an involvement of the third
party. Each party should consult or see a lawyer before settling the
matter down, so that they are well aware to the matter or disputes.
In mediation the third party is called mediator and the mediator
facilitates communication between the parties. The mediator is
responsible for giving the two parties legal advises and counseling in
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