Criminal and Civil Law Foundations
This domain tests foundational criminal and civil law concepts used across public administration: liability, contracts, property, damages, and procedure.
Core rules
- Criminal liability requires a defined offence, act or omission, unlawfulness, guilt, and capacity. The presumption of innocence and legality are fundamental.
- Intent and negligence are distinct forms of guilt; attempt and complicity follow statutory rules. Sanctions must be proportionate.
- Civil law governs persons, property, obligations, contracts, torts, inheritance, and family relations.
- A contract requires capable parties, lawful object, and consent free from fraud, duress, or mistake.
- Breach of contract may trigger performance, damages, or termination. Tort liability requires damage, unlawful conduct, causation, and fault, with strict liability in defined cases.
- Civil procedure provides the forum, pleadings, evidence, and enforcement.
Worked example
A public enterprise signs a contract to supply equipment, then refuses delivery because the price rose. The buyer may claim performance or terminate and claim damages. The supplier cannot rely on a mere market change unless the contract has a price-adjustment clause or a statutory ground. If the buyer also failed to provide access for delivery, contributory fault may reduce damages.
Traps
Criminal and civil liability can arise from the same facts but serve different purposes. Do not confuse nullity of a contract with breach. Do not ignore limitation periods or the need to prove causation.