Common law and certain modern statutes apply objective consideration to whether or not an individual would risk injury to his health or well-being by proactively intervening to prevent injury to another. There is no specific law or statute that requires Sam to jump in and save Brian, but a moral duty would certainly require Sam to do whatever he could to save Brian.
A person convicted of a criminal offense, however, may be ordered to pay a fine, and may be incarcerated.Īn example of moral duty might occur when Sam sees that Brian is drowning in shallow water. An individual or entity found legally accountable in a civil lawsuit may be ordered to pay money, give up property, or perform certain contractual obligations, but are not subject to imprisonment. A criminal law case is initiated by a prosecutor. In a civil case, the lawsuit is brought by an individual or entity seeking monetary or other remuneration from another individual or entity. While civil law cases involve disputes between individuals or entities in which the parties seek a resolution to a contractual or other civil issue, criminal law cases involve the prosecution of an individual for a criminal act. The area of local, state, and federal law that defines criminal acts and offenses, governs the arrest, detention, charging, and prosecution of accused offenders, and sets specific punishments.
