Law Driving

Mr. MacDonny was driving his car after taking in some wine; however, he could not stop the car and drove straight Nadel who was walking along the road. According to section 37(4) and section 37(6) of the Road Traffic Ordinance , a person drives dangerously if “the way he drives falls far below what would be expected of a competent and careful driver” and “it would be obvious to a competent and careful driver that driving in that way would be dangerous”. Therefore, Mac received a summons from the Police, which ordered him to appear in the Kowloon Magistrate’s Court to be tried for dangerous driving.

Criminal law and Civil law are the most commonly accessing of main groupings of law. With reference to the case of mac being both prosecuted at the Magistrate’s Court under criminal proceedings and claimed by Nadel under civil procedure, there actually are some differences of criminal and civil law. Their major differences lie in four aspects: major functions, consequences of breach, procedural requirement for bringing a case against the wrongdoer as well as the standard of proof.

Criminal law is concerned with forbidding certain conduct and with punishing those who break the law. It has the function to define what activities constitute criminal offences and punishes those who commit them. Criminal law is not concerned with compensating the victims of crimes. The conduct which criminal law forbids is considered to be wrongful behavior. It is wrongful because it harms the society in which we live. Civil law deals with the private rights and obligation of persons. It defines the legal rights and obligations of parties being owed to one another and provides remedies for breaches of such obligations. The purpose of bringing a civil claim before the courts is to uphold and enforce a person’s right and to recover the losses which a person may have suffered. In contrast with the criminal law, it is not concerned with punishment.

For criminal law, if a person commits...