juestion $2$

$(12$ marks$)$

Read the fictitious scenario and answer the questions that follow:

On the $5$th of December $2024,$ a motor collision occurred at the intersection of Oak Street and Elm Avenue. Jane was driving her $2019$ Toyota Corolla, heading east on Oak Street. According to her account of the incident, as she approached the intersection on Elm Avenue, she saw a green light ahead and began to accelerate. She contends that she had already entered the intersection when a silver sedan, which was turning left from Elm Avenue onto Oak Street, collided with her car. She claims the other vehicle failed to yield to oncoming traffic and made a left turn despite the oncoming green light for her. The impact caused significant damage to the front of Jane's vehicle, and Jane sustained injuries that required medical attention for several weeks.

Mark, the driver of the silver sedan, is disputing Jane's version of events. He claims he was making a lawful left turn when Jane's vehicle ran a red light and sped through the intersection. He asserts that he had already tumed onto Oak Street, and the collision was unavoidable because Jane failed to stop for the red light, which was in effect for several seconds before he entered the intersection.

Jane has initiated legal proceedings against Mark. She is claiming for damages, including the cost of repairing her car, medical expenses, loss of earnings due to injury, and emotional distress. Jane contends that Mark's negligence was the sole cause of the accident. Both parties prepare for the trial, and Jane's legal team advises her that she will have to prove her claim on a balance of probabilities and that the court will hear both sides' evidence before reaching a judgment.

Required:

$2\mathrm{.}1.$ Distinguish between the objectives of criminal and civil trials.

$(2$ marks$)$

$2\mathrm{.}2.$ Determine whether the above fictitious scenario would warrant a criminal or civil trial, and if it is a civil trial, indicate the type of civil proceeding. Provide a reason for your answer.

$(8$ m