1.1 Differences between criminal and civil law

Question 1

What do criminal laws create?

Answer 1

Criminal offences and punishments

Criminal laws are designed to protect society by punishing those who violate the law.

Question 2

Which agencies are included in the Criminal Justice Service (CJS)?

Answer 2

• the police
• the Crown Prosecution Service (CPS)
• the criminal courts
• Her Majesty’s Prison Service
• Her Majesty’s Probation Service
• the National Offender Management Service

These agencies work together to enforce criminal laws and administer justice.

Question 3

Who prosecutes the defendant in a criminal case?

Answer 3

The Crown

The prosecution is responsible for proving the defendant’s guilt.

Question 4

What must the jury or magistrates have, to find the defendant guilty?

Answer 4

No reasonable doubt

This standard ensures that the accused is presumed innocent until proven guilty.

Question 5

What is the aim of civil laws?

Answer 5

To compensate those whose rights have been violated

Civil laws focus on resolving disputes between individuals rather than punishing offenders.

Question 6

What can a claimant do in a civil case?

Answer 6

Sue the defendant

This legal action allows individuals to seek redress for violations of their rights.

Question 7

What standard is used to find a defendant liable in a civil case?

Answer 7

The balance of probabilities.
Defendant has to be 51% liable.

This means that it is more likely than not that the defendant is liable for the claim.

Question 8

What categories do criminal law fit into?

Answer 8

Substantive and public

Criminal law not only defines offenses but also outlines the public’s interest in maintaining order.

Question 9

What do civil laws create?

Answer 9

Rights that are enforceable between private individuals

These laws allow individuals to seek enforcement of their rights without involving the state.

Question 10

True or False: Civil laws aim to punish offenders.

Answer 10

False

Civil laws are designed to resolve disputes and provide compensation rather than punishment.

Question 11

What is a key difference between criminal and civil law regarding enforcement agencies?

Answer 11

Criminal law involves enforcement agencies like the police, while civil law does not

This distinction highlights the different purposes and approaches of each legal system.

Question 12

What is the legal term for bringing a criminal charge against a defendant?

Answer 12

Prosecutes

Prosecutes refers to the action taken by the state or government to charge and try a person for a crime.

Question 13

What does it mean to be legally responsible for a specified wrongdoing?

Answer 13

Guilty

Being guilty indicates that an individual has been found to have committed a crime.

Question 14

What is the criminal standard of proof that requires sufficient evidence for certainty of guilt?

Answer 14

Reasonable doubt

Reasonable doubt is a fundamental principle in criminal law that protects defendants from wrongful convictions.

Question 15

What is the legal term for a person or organization starting a civil claim in the courts?

Answer 15

Claimant

A claimant initiates a lawsuit to seek a legal remedy.

Question 16

What does it mean to take civil legal proceedings against a defendant?

Answer 16

Sue

Suing is the act of bringing a legal action to enforce a right or seek a remedy.

Question 17

What is the legal term for a person defending or responding to a legal claim?

Answer 17

Defendant

A defendant is the individual or entity being accused or sued in a court of law.

Question 18

What does it mean to be held legally responsible for a breach of civil law?

Answer 18

Liable

Liability implies that a party is legally obligated to compensate for damages or losses caused.

Question 19

What is the civil standard of proof that requires the claimant to satisfy the court that their version of events is more likely than not?

Answer 19

Balance of probabilities

This standard is used primarily in civil cases to determine the outcome based on which party’s evidence is more convincing.