How does the purpose of criminal sanctions differ from the purpose of civil remedies?
The purpose of civil remedies is to restore the plaintiff to the position they were in before the harm occurred. The purpose of criminal sanctions differs from civil remedies as it aims to punish, deter, rehabilitate, denunciate and to protect the community from the offender.
Is this enough for 1 mark ?
Purpose of Civil remedies:Restore individual back to original position - that is, before the breach had occurred. (i.e Specific compensatory damages)
Rectify situation caused by the person who is found to be in the wrong. (i.e Injunction)
Although this is
not the main aim of civil remedies, some remedies such as Exemplary Damages actually aim to
punish the individual in the wrong and in effect,
deter individuals from engaging in a similar civil wrong. So, if this was me answering this question, I wouldn't say that punishment and deterrence is a difference. Instead, I'd insert a sentence such as "Similarly to criminal sanctions, civil remedies aim to also punish and deter, although to differing degrees" or something like that. That sentence isn't a very good example, but I'm just trying to illustrate what I mean.
Other than that, your answer looks fine.
Just a thing with the structure of your answer, maybe it would be more effective to start off with a sentence that states how they're similar (my above example, or something of the like), then follow it up by saying something like "however, the purpose civil remedies and criminal sanctions differ, as the former aims to [insert difference] whereas the latter aims to [insert difference]" I don't know if this is an ideal way of structuring your answer, but to me it seems much more effective than just stating what the purpose is of civil remedies without any recognition of how it differs from criminal sanctions.
Hmm, well you have used the word differ to differentiate the purposes....actually, you'd probably get the marks with that structure anyways.