(A) CLASSIFICATION OF THE LAW

Question 1

What categories are the English law system divided into?

Answer 1

• Criminal law and

- Civil law

Question 2

What determines if a case is criminal or civil?

Answer 2

will depend on how harmful to society the conduct is considered to be

Question 3

Examples of Criminal Law

Answer 3

• Murder
• Rape
  (e. g. most severe in history: 150 count of serial rape (raynard)- just sentenced recently)
• Theft
• Deception
• Driving Offences
• Tax Evasion

Question 4

Examples of Civil Law

how business runs and how we operate in society

Answer 4

Contract Law 
Property Law 
Family Law 
Tort Law 
Wills and Probate 
Company Law

Question 5

Example of Tort Law

Answer 5

• (civil wrong (individual or business) does wrong causing harm to someone else in society: tort law gives victim a remedy)
  E.g. surgeon doesn’t follow correct procedure- causing harm to patient
  Careless rather than criminal when not following procedure
  Victim given compensation from tort law

Question 6

Main characteristics of Criminal Law

Answer 6

1. It is an offence against Society
2. The Crown prosecutes the Defendant (offender)
3. Criminal Trials take place in the Magistrates’ Court or the Crown Court
4. The Defendant is found Guilty or Not Guilty
5. If convicted the Defendant is punished/treated
6. Costs

Question 7

Main characteristics of Criminal Law

1. It is an offence against Society

Answer 7

• The whole of society rather than an individual
• May often be one victim e.g. bank is robbed- but defendant is seen as harmful to all of society
• A Defendant (offender) will be prosecuted (state prosecutes the defendant
• And may be punished in order to protect the public

Question 8

Main characteristics of Criminal Law

2. The Crown prosecutes the Defendant (offender)

Answer 8

• The monarchy is the body that prosecutes the defendant

-Police refer potential prosecutions to Crown Prosecution Service (CPS)
□ Police put together a body of evidence and give to the CPS
□ CPS- lawyers appointed by government/state to represent society/crown

-CPS decide whether or not to prosecute
□ Really prosecute if they have a chance

-Cases are cited as
□ R v Smith 2015 (R= Rex or Regina). (Latin for King/Queen) (Date- when it reaches trial)

• If not prosecution is brought by the crown then individuals can bring a private prosecution (Brown v Smith 2015). (Brown- name of private prosecutor)
  □ Rare as it is expensive

Question 9

What are the Criminal courts?

Answer 9

• Magistrates Court: Junior court

- Crown Court: Senior court (e.g. old bailey)

Question 10

What is the Magistrates Court

Answer 10

• Summary offences (Summons)- document of summary is called Summons
  
  • E.g. minor/petty offences: drink driving, speeding etc.
• Could be more serious like assault
• Often not held in custody

□ Trial by bench of Magistrates/ Justices of the peace
- Three of them- not qualified lawyers but well-respected members of society acting as judges voluntarily

Question 11

What is the Crown Court?

Answer 11

• Indictable Offences (Indictment)- document prepared called Indictment
• Can only be found guilty or not guilty
• Indictment lists offences
  ◊ Often defendant held in custody until trial- considered dangerous to society
  - Under remand
• Trial by Judge and Jury
  ◊ Judge- qualified lawyer
  ◊ Jury- members of the public

Question 12

Main characteristics of Criminal Law

4. The Defendant is found Guilty or Not Guilty

Answer 12

• Innocent until proven guilty
  □ Even when in custody
• Standard of proof
  □ “Beyond reasonable doubt”
  
  • Must be “ that the defendant is guilty
• Very high standard of proof as potentially taking away someone’s liberty

Question 13

Main characteristics of Criminal Law

5. If convicted the Defendant is punished/treated

Answer 13

• Prison, fine, community order (unpaid work, drug or alcohol treatment, anger management programs), criminal record.
  □ Decided by the judge
  □ Person could be reformed- when not sent to prison
• Anti-social behaviour order
  □ Behaving in a way to impact society in immediate vicinity
  □ E.g. given curfews, banning from certain places where historically problematic

Question 14

Main characteristics of Criminal Law

6. Costs

Answer 14

• Incurs expenses
• Legal aid available to defendant in Criminal Law
  □ State funding to allow defendant to have lawyer to defend them in court
  □ Everyone has a right to be defended

Question 15

Main characteristic of Civil Law

Answer 15

1. Involves a dispute between individuals/businesses
2. The Claimant (Plaintiff) sues the Defendant
3. Trial takes place in County or High Court
4. The Claimant is compensated if he/she wins the case: remedies include
5. Costs

Question 16

Main characteristic of Civil Law

1. Involves a dispute between individuals/businesses

Answer 16

• Police are not generally involved and the dispute has no relevance to society as a whole

E.g. two companies in a contract dispute, buyer does not pay, seller brings up a dispute

Question 17

Main characteristic of Civil Law

2. The Claimant (Plaintiff) sues the Defendant

Answer 17

• Jones Ltd v Smith Ltd (2015) - date it goes to court
• Burden of Proof is on the Claimant to prove: “on a balance of probabilities” that the Defendant committed the wrongful act
• On a balance of probability they are found
• Claimant (Plaintiff)- individual or business

Question 18

What are the Civil Law courts

Answer 18

COUNTY COURT
HIGH COURT

• DEFENDANT is found LIABLE or NOT LIABLE

Question 19

What is the county court?

Answer 19

minor disputes

e.g. faulty car plus more serious disputes

a breach of contract valued up to £100,000)

Question 20

What is the high court?

Answer 20

substantial disputes

e.g. serious road accident, major contractual dispute)

Question 21

What are the different remedies?

Answer 21

Damages (money)
E.g. Surgeon causes harm to a patient- calculation of patient losses in monetary terms could include- loss of salary (current and future) medical costs, loss of amenity (monetary value of hobbies)

Injunction
E.g. stalking and harassment cases

Specific Performance
□ E.g. want to purchase a house, enter into a contract to purchase, in transfer of ownership there is a final completion stage where ownership is passed on
- If seller changes mind before passing ownership but after contract
- Can go to court, and remedy could be the house rather than money
◊ Seller required to complete sale of property

Question 22

Main characteristic of Civil Law

4. The Claimant is compensated if he/she wins the case

Answer 22

• Damages (money)
  □ Entitled to be paid an amount of money by defendant
  □ Calculation of what money is given is difficult- turning non monetary issues into monetary
  □ Hearings held to assess value of claims
• Injunction:
  □ A court order to prevent/stop one party from doing something against the law
• Specific Performance:
  □ A court order to force one party to do something

Question 23

Main characteristic of Civil Law

5. Costs

Answer 23

• Legal aid (state funding) is only available to the very needy so parties must fund their own case.
  □ Civil cases must be self-funded- to defend and prosecute
  □ Some solicitor have ‘no-win-no-fee’ , but if you do win, you pay a lot more in fees
  □ ‘pro-bono’ lawyers- give their services for free
• The loser will usually be required to pay the other party’s costs

Question 24

Can crime and civil occur at the same time?

Answer 24

Yes,

e.g. women stops while driving and is rear-ended and hospitalised

§ Criminal: Def may be prosecuted for speeding, careless driving etc (Magistrates Court)
□ Considered summary offences

§ Civil: Def may be sued for negligence (County Court or High Court depending on value of claim)
□ Claimant has Tort claim