What is the difference between criminal law and civil law?
The purposes of criminal law, used to protect the public from harm such as crimes against a person or property, and the purposes of civil law, to settle disputes such as debt, personal injury and family matters.
A focused answer for Edexcel GCSE Citizenship Studies on the purposes of criminal law, used to protect the public from harm, and the purposes of civil law, used to settle disputes such as debt, personal injury and family matters.
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What this dot point is asking
Edexcel wants you to know the purposes of criminal law (protecting the public from harm) and of civil law (settling disputes such as debt, personal injury and family matters), and to be able to tell them apart. This Theme C topic (Paper 1 Section C) is tested through "Explain" tasks on the difference between criminal and civil law and "Identify" tasks on examples of each. The examiner rewards a clear contrast of purpose, who brings the case, and the outcome (punishment in criminal law, a remedy such as compensation in civil law), together with accurate examples.
The purpose of criminal law
Criminal law sets out behaviour that is considered so harmful to society that it is treated as an offence against the whole community, not just the victim. That is why criminal cases are usually brought by the state (the prosecution) rather than by the victim personally. If a person is found guilty, the court can impose a punishment, such as a fine, a community sentence or imprisonment, to protect the public, deter offending and provide justice. The standard of proof is high, "beyond reasonable doubt", reflecting the seriousness of a criminal conviction and the principle of the presumption of innocence. Edexcel expects you to link criminal law to protecting the public and to the possibility of punishment.
The purpose of civil law
Civil law is about resolving private disputes fairly rather than punishing a crime against society. Examples include someone suing for compensation after an injury (personal injury), recovering money that is owed (debt), arrangements after a relationship breaks down (family matters such as divorce or arrangements for children), and disagreements over housing or contracts. In a civil case, one party (the claimant) brings the case against another (the defendant), usually to obtain a remedy such as compensation, the return of property, or a court order to do or stop doing something. The standard of proof is lower than in criminal law, "on the balance of probabilities". The aim is to put right the dispute, not to punish, which is the key contrast with criminal law.
Telling them apart
The clearest way to distinguish the two is by these three features. In a criminal case, the state prosecutes an alleged offender to protect the public, and the outcome is a verdict of guilty or not guilty and, if guilty, a punishment. In a civil case, one private party sues another to resolve a dispute, and the outcome is a decision about who is liable and what remedy should follow. The vocabulary differs too: criminal cases talk of guilt and punishment, while civil cases talk of liability and remedies. Being able to apply these distinctions to an example, deciding whether a scenario is criminal or civil and explaining why, is what lifts an answer from recall to application.
Exam-style practice questions
Practice questions written in the style of Pearson Edexcel exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Edexcel 20194 marksExplain the difference between criminal law and civil law.Show worked answer →
A Paper 1 Section C "Explain" task (AO1 and AO2). Define each and contrast their purpose.
Criminal law deals with offences against society, such as crimes against a person or property; its purpose is to protect the public from harm, and a case is usually brought by the state, which can punish the offender, for example with a fine or prison.
Civil law deals with disputes between individuals or organisations, such as debt, personal injury or family matters; its purpose is to settle the dispute and provide a remedy, such as compensation, rather than to punish.
Markers reward the contrast: criminal law protects the public and punishes offenders, while civil law settles disputes and provides remedies.
Edexcel 20212 marksIdentify two examples of matters dealt with by civil law.Show worked answer →
A short Paper 1 "Identify" task (AO1). One mark for each correct example.
Acceptable answers include any two of: debt, personal injury, family matters (such as divorce or arrangements for children), housing or tenancy disputes, contract disputes, and employment disputes.
Markers reward two genuine civil matters. Criminal offences such as theft or assault would not be credited, as these are dealt with by criminal law.
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Sources & how we know this
- Pearson Edexcel GCSE (9-1) Citizenship Studies (1CS0) specification — Pearson Edexcel (2022)