Andrea Qwitter

UGANDA MARTYRS UNIVERSITY
FACULTY OF LAW
CANON LAW COURSEWORK 1
NAME : ETYANG ANDREW
REG NO : 2023-B411-10672
THE NATURE OF LAWSUITS
Lawsuit is a proceeding by one or more parties that is the plaintiff or claimant
against one or more parties that is that defendant you know civil court of law.
Therefore in understanding of lawsuits, they are mainly categorized into two
primary types that is civil and criminal law. The word lawsuit is used with respect
to a civil action brought by the plaintiff party who claims to have incurred loss as a
result of a defendants actions the one who requests a legal remedy or equitable
remedy from the court.
So a law suit begins when A complaint or petition is filed with the court. A
complaint should explicitly state that one or more plaintiffs seek damages or
equitable relief from one or more stated defendants and should state the
relevant factual allegations supporting the legal claims brought by the plaintiff.
As noted above that there are two primary types of lawsuits that is civil and
criminal law.
Civil law
This basically refers to the basic categorization of legal proceedings are civil rather
than criminal for the stop it may include a wide range of issues that may not
include criminal activity but instead relate to conflicts between people, groups or
other entities who are looking for legal redress for their complaints.
The civil nature were lawsuit plays a crucial role in the settlement of conflicts and
defending individual rights.
civil law deals with acts related to individuals to which harm Can be repaid by
compensation or monetary relief and its main objective is to resolve disputes
between individuals and protect the rights of individuals or organizations.
The civil law is a legal system originating in Italy and France and spread to large
parts of the world. It is a system intellectualized with the framework of Roman
law and French civil law and with core principles codified into a referendum
system, which Subs are the primary source of law.
The swallow is often contrasted with common law system which originated from
England. As the civil law takes the form of legal codes, the common law comes
from uncodified case law that arises as a result of judicial decisions, recognizing
prior court decisions as legally binding precedent and Its infringement is on the
private rights it's procedural law Is code of Civil Procedure, 1908.
The examples of civil law.

1. Contract
This Covers issues like breach of contract, formation of contracts,
interpretation of contract terms. Disputes regarding employment
contracts, breach of contract promise for example kisses where I am
money is unpaid or a contract isn’t honored, employment law for
example an employee suffers.
2. Family disputes
Family law deals with legal relationships within a family and between
the family and other people it has rules that apply to marriage,
divorce, defamation, negligence resulting in injuries or death and
property damage.
3. Property.
This one deals with the relationship between people and commercial
law
4. personal injury.
It involves family disputes breach of contract, employment law I
like criminal law, no one is sent to prison after a civil law however, if
the employer has a duty of care towards their employees, if an
employee is injured at work, a personal injury solicitor must be able
to prove that.
Civil law is a comprehensive system of rules and principles usually arranged in

cards and easily accessible to citizens and jurists.
It is also a well organized system that favors cooperation, order and
predictability, based on a logical and dynamic taxonomy developed from Roman
law and reflected in the structure of the code.
Civil law has gotten several features and this may include,
 Clear expression of rights and duties, so that remedies are
self-evident.
 Simplicity and accessibility to the citizens, at least in those
jurisdictions where it is codified.
 Advanced disclosure of rules, silence in the court to be filed
based on equity, general principles and the spirit of the law.
 Richly developed and to some extent transnational academic
doctrine inspiring the legislature and the judiciary.
How the system of civil law works
The system is about private disputes between individuals or

an individual and an organization or between organizations.
Civil law deals with the harm, loss, or injury to one party or the
other. The defendant in a civil case is found liable or not liable
for damages, as opposed to criminal case defendant who may
be found guilty or not.
Civil law has also gotten some characteristics that may include.
 Disputes between private parties which involves private party
conflicts. The parties may be private individuals, businesses
nonprofits, governmental bodies and other types of legal entities.
Contractual conflicts, but disputes, personal injury claims, family law
concerns and other topics are the main focus of civil lawsuit.
 Pursuits of legal remedies in which the main goal of a civil lawsuit is
to get legal remedies rather than seeking criminal punishments.
Instead of penalizing the wrongdoer, the emphasis is mostly on
giving the the party who has been wronged reparation.
 The burden of proof Where the plaintiff or person bringing the
complaint is the one who has the burden of proof in civil lawsuits the
plaintiff here must demonstrate their case by preponderance of the
evidence compared to the beyond reasonable doubt level used in
criminal proceedings this burden is less onerous.
 Monetary damages. Financial damages are frequently claimed in civil
lawsuits.
Criminal law as another form of primary lawsuit.
Criminal law is a fundamental aspect of legal system that helps

maintain order, protects the society and define punishable offences
it encompasses various types of crimes and there corresponding legal
principles and consequences.
criminal law essentially relates to offences and breaches that

negatively affect society as a whole rather than just one person. This
area of the law outlines what acts of parliament deem to be
acceptable and unacceptable conduct.
It deals with the behavior that is all can be construed as an offence
against the public, society order state even if the immediate victim is
an individual first off it can also be understood as that law that deals
with a crime that causes damage to a person which is an offence
against society as well. Its main objective is to provide justice to the
victim by punishing the accused . It's infringement is public rights and
has no diversion but the procedure low is the code of criminal
procedure, 1973.
the examples can be murder, rape, Kidnapping theft, treason among
others.
How the system of criminal law works.
Criminal law involves punishing and rehabilitating offenders, and

protecting the society. The police and the prosecutor are hired by the
government to put criminal law into effect. Public funds are used to
pay these services. If suppose one is a victim of the crime , on reports
it to the police and the it is their duty to investigate the matter and
find the suspect. In most cases, if a charge has been properly
presented and if there is evidence supporting it, the government not
the person who complains of the incident, prosecutes it in the courts.
This is called the system of public prosecutions.
Principles of criminal law.

 Every law that alters the legal rules of evidence is forbidden
especially to convict a legal person .[article 28(7)] of the 1995
constitution of the republic of Uganda as amended.
 The law cannot be brought under more wishes, jealous/hatred.
 Every crime is written and a penalty is prescribed. [article 28(12)]of
the 1995 constitution of the republic of Uganda.
 Every person who is charged with the criminal offense presumed
innocent until proved guilty .[article 28(9)]of the 1995 constitution of
the republic of Uganda.
The differences between civil law and criminal law.

Civil law deals with disputes between individuals or entities, such as breach of
contract, property disputes or personal injury claims whereas criminal law deals
with crimes and legal punishments of criminal offenses.
Purpose
Civil law aims at resolving conflicts between parties, compensate for losses, and
restore the injured party to their pre-dispute state. As for criminal law, it punishes
offenders, protects society and upholds public order and safety.
Standard of proof.
In civil cases, the burden of proof is based on a preponderance of the evidence.
This means that the evidence presented must show that it is more likely than not
that the defendant is responsible for the harm or breach of duty. Whereas
In criminal law cases, the standard of proof is much higher and requires proof
beyond a reasonable doubt. The prosecution must demonstrate that there is no
reasonable doubt that the defendant committed the crime.
Parties Involved:
In civil cases, the parties involved are typically individuals, businesses, or
organizations that have a direct interest in cases out come. While
In criminal law cases, the parties involved are the state or government as the
prosecutor and the accused as the defendant.
Out come:
In civil law, the out come results in a judgment or settlement where the
defendant maybe ordered to pay compensation, return property, or perform
specific actions. As to criminal law, the outcome can lead to a conviction or
acquittal. If convicted, the defendant may face penalties for instance fines,
probation, imprisonment, or in severe cases the death penalty.
Rights of the accused:

In civil cases, the accused does not have the same constitutional rights as in
criminal matters however, they still have the right to legal representation and a
fair hearing. While in criminal cases, the accused has a range of constitutional
rights, including the right to remain silent, the right an attorney, the right to
confront witnesses and the right to a speedy trial.
Legal Action Initiation:

In civil cases, legal action is initiated by the injured part, the plaintiff, who files a
complaint against the defendant whereas in criminal cases, legal action is initiated
by the state or government through a prosecutor who brings charges against the
accused.
Penalties:
The penalties in civil cases are usually monetary in nature for example
compensatory damages, punitive damages or injunctions to stop certain actions.
As in criminal law cases, the penalties can range from fines and probation to
imprisonment and in extreme cases, capital punishment.
Resolution:
Civil case can be resolved through negotiations, mediation or by going to trial
where the judge or jury makes a final decision. While criminal cases are resolved
with the assistance of a criminal attorney through plea bargain, dismissal of
charges or by going to trial where a judge or jury determines the defendant's guilt
or innocence.
Public or private interest:

Civil cases primarily involve private disputes between individuals, entities
intending to resolve the issue. Whereas criminal cases involve acts considered
harmful to the society, and the prosecution is pursued in the public interest.
However, as civil law and criminal law differ significantly, there are also instances
where they intersect for instance in the case of O. J Simpson trial, it involved civil
and criminal components. Sampson was acquitted in the criminal trial for the
murder of his ex wife and her friend but later found liable in a civil trial for
wrongful death.
Similarities between civil and criminal law.

 Both civil and criminal cases involve court proceedings, legal representation
and the examination of evidence and they also rely on the testimony of
witnesses and the presentation of arguments to support their respective
claims.
 Both civil and criminal law require the same etiquette that one must follow
in a court of law.
 In both, the victim an individual or entity like an agency, business, or
corporation that is harmed, injured, killed or has their property rights
violated.
 In both, the decision made by the court can be appealed. The appeal
process can seek to change the initial judgment.
 For both types of laws, the parties are entitled to a lawyer.
Cases that are both in civil and criminal law.

A person who has intentionally killed another can be charged in a criminal court
with homicide and can be sued civilly for wrongful death.
A person who takes your car can be charged criminally with larceny and can be
sued civilly for conversations.
Therefore both civil law and criminal law both work as the primary sources of
law governing the country though they differ in most ways.
……..END……….

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UGANDA MARTYRS UNIVERSITY

CANON LAW COURSEWORK 1

NAME : ETYANG ANDREW

The examples of civil law.

Civil law is a comprehensive system of rules and principles usually arranged in

How the system of civil law works

The system is about private disputes between individuals or

Criminal law is a fundamental aspect of legal system that helps

criminal law essentially relates to offences and breaches that

How the system of criminal law works.

Criminal law involves punishing and rehabilitating offenders, and

Principles of criminal law.

The differences between civil law and criminal law.

Rights of the accused:

Legal Action Initiation:

Public or private interest:

Similarities between civil and criminal law.

Cases that are both in civil and criminal law.

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