Questions and Answers
What is the primary aim of criminal law?
Punishing individuals who commit crimes
In which legal system can wrongful acts result in both a civil lawsuit and a criminal prosecution?
Countries with separate civil and criminal legal systems
How do obligations in tort and criminal law differ from those in contract law?
They are imposed regardless of whether the parties have a contract
From which legal tradition does tort law in common law jurisdictions largely derive?
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What is the key difference between tort law and contract law?
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Study Notes
Criminal Law
- The primary aim of criminal law is to punish offenders and protect society.
Legal System
- In a dualist system, wrongful acts can result in both a civil lawsuit and a criminal prosecution.
Obligations in Law
- Obligations in tort and criminal law are imposed by law and are based on social policy, whereas those in contract law are based on agreements between parties.
Tort Law
- Tort law in common law jurisdictions largely derives from the Roman civil law tradition.
Tort Law vs. Contract Law
- The key difference between tort law and contract law is that tort law deals with duties owed to everyone, whereas contract law deals with duties owed to specific individuals or parties.
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