1. Introduction

Question 1

What is main difference between Civil and Criminal law?

Answer 1

Civil Law deals with the behaviour of private individuals, Criminal law deals with public wrongs, wrongs too severe for individuals to regulate.

Question 2

What is the Burden of Proof on the prosecution?

Answer 2

Beyond All Reasonable Doubt

The Jury must be “SURE” of a defendants guilt

Question 3

What three elements usually make up a crime?

Answer 3

Actus Reus (Guilty Act), Mens Rea (Guilty Mind) and the Absence of a valid defence
 D.J Lanham [1976] Crim LR 276

Question 4

What is a Summary offence?

Answer 4

Usually a minor crime, only tried in a Magistrates Court e.g. Common Assault.

Question 5

What is an ‘Either Way’ Offence?

Answer 5

Can be tried in either a Magistrates Court or the Crown Court, e.g. Assault occasioning A.B.H

Question 6

What is an Indictable-only offence?

Answer 6

The most serious crimes that can be committed, can only be tried by a Judge and Jury e.g. Murder.

Question 7

What is a Conduct Offence?

..Give an example

Answer 7

Only requires certain acts to have been committed.

Fraud by misrepresentation, Possession of drugs

Question 8

Define Result Offences, give an example.

Answer 8

The defendants action must lead to a specific consequence. Murder

Question 9

Explain Surrounding Circumstance. Give an example

Answer 9

A extra element required to prove some crimes, Theft for example requires that the Property taken needs to ‘belong to another’.

Question 10

What are Omissions?

Answer 10

Legal liability imposed despite( or because) no action was taken