Civil Or Criminal?

Question

Are these scenario's criminal or civil case's?

1. A friend carries a knife just in case he is attacked?
2.A freind downloads a lot of music for free eg. limewire illegally ?
3.People keep using a friends garden as a shortcut to get to school?
4.A friend buys a DVD player, but it stops working after 2 weeks.
5. The local bus stop has been smashed and is covered in graffiti.
6.A friend in a school class is carrying drugs?
7. Someone is harrassing your next door neighbour, but you are sure they havee been given an ASBO for doing this before?

Thanks.x

[[ Just Like To Point Out That No-One I Know Or Me Myself Is Doing This - It's Homework ]]

x

Answer 1

Based on my experience

1. Criminal. Generally it is not illegal to carry small knives. But that can depend on local and state laws. If a person is carrying a knife that is in violation of the law, it would be a criminal issue.
2. Civil and criminal. Technically a crime, but often handled in civil court (lawsuit for violating the copyright)
3. Criminal. A minor violation. But still trespassing and possibly property damage.
4. Civil. This would be covered by a warranty and is between you and the store or manufacturer
5. Criminal. Property damage
6. Criminal. Possession of controlled substance is against the law and is generally handled in criminal court
7. Criminal. Harassing is illegal, again handled in criminal court.


Keep in mind, in many criminal acts in which another person is harmed or they have their property destroyed, they usually have the right to sue to recover money for their loss.

Answer 2

Hi, before I answer the various scenarios, it is important for you to be aware of the results of both criminal and civil actions - this can make it easier to figure out which one is which. A criminal case results in a punishment for the offender i.e. a fine/a ban/a prison sentence and are usually initiated by the police or here in Ireland the DPP (Director of Public Prosecutions) A civil case results in the Plaintiff (i.e. the person taking the case) obtaining some type of compensation/damages (i.e. money) from the Defendant whether it be for injuries from a crash, trespassing, negligence acts etc. From this, the answers to your questions are as follows:-
1. Criminal. The DPP would bring a criminal charge for having an offensive weapon.
2. Criminal & Civil. The downloading is illegal and therefore a criminal offence but there could also be a civil case for recovery of the amount of money the music would have cost if purchased legally.
3. Civil. Trespass is a civil issue.
4. Civil. Again, compensation or a replacement is what is sought by the customer.
5. Criminal. The offender here would probably be fined for the damage, hence it is a criminal issue.
6. Criminal. Carry drugs is a criminal offence, again, a fine or sentence is the appropriate punishment, not paying compensation to anyone so it couldn't be civil.
7. Criminal. Harrassment etc. means getting the police etc. involved and a personal punishment of the offender is required, hence it is criminal.

Hope this helps, best of luck.

Answer 3

1. Criminal - possession of offensive weapon or bladed article.
2. Criminal in the sense that it offends the copyright, designs and patents act, is usually heard in the Magistrates' Court and the offender can be fined, civil in the sense that a person can be sued by the copyright holder and can be ordered to pay damages. So the answer is both, really.
3. Civil. Trespass is not a criminal offence. It only becomes criminal when there is an ulterior intent or unlawful purpose, in which case you would find yourself charged with burglary or being found on enclosed premises. When you see signs that say "trespassers will be prosecuted" this does not mean that they can be arrested and face criminal charges. They would simply be sued. No damage needs to be caused though - trespass is actionable per se.
4. Civil - section 14(2) Sale of Goods Act 1979.
5. Criminal - the offence is criminal damage.
6. Criminal - possession of controlled substance.
7. Harassment is criminal but you could also sue for trespass against the person which is civil. ASBOs can be civil or criminal really - they can stand alone or be attached to a conviction (some courts call these CrASBOs). Breach of an ASBO is dealt with as a crime.

Answer 4

1. Dpends. Carries it where? How big is the knife?
If you're talking about a having a pocket knife in a public area it would be neither.
There are criminal laws pertaining to the length and size of a knife that differ from state to state. This would be considered criminal.
A policy for a store or building or public gathering may have rules regarding knives but this violation should, at best, be considered civil.
Here's the problem with #1.
Being charged with carrying a weapon is definately criminal and would be considered a felony. Some over zealous individuals may consider charging someone carrying a pocket knife with carrying a weapon and this would be wrong. It would be morally wrong.

2. Criminal

3. Civil....Unless there is considerable damage to property.

4. Neither. This would be subject to store policy and/or warranty. (possibly civil in rare cases but definately not criminal...Buyer beware)

5.Criminal

6. Criminal

7. Depends on the degree and scope of the harrassment.


By the way.......EXCELLENT question.

Answer 5

Criminal-carrying an offensive weapon
Civil/Criminal- copyright infringement. case is usually brought as a private prosecution by the person/s whose copyright has been infringed.
Criminal_trespassing
Civil-if said person's statutory rights are denied, ie no refund or replacement.
Criminal- possession.
Civil/Criminal. An ASBO is a civil order that has legal consequences. The failure to adhere to the terms of the ASBO can lead a magistrate to give a custodial sentence.

Answer 6

1. If anything, criminal.
2. Civil.
3. Civil
4. Civil
5. Criminal
6. Criminal
7. Criminal, but neighbor can sue in civil court

Answer 7

criminal criminal civil civil criminal criminal criminal