AOS1: Sac 1 Flashcards
Outline seven reasons as to why we need laws.
- promote social cohesion
- without laws their will be anarchy
- resolve and prevent disputes
- establish acceptable behaviour
- reflects societies values
- establish code of conduct
- protect community from harm
Explain what makes an effective law
Clear and understood: not complex Consistent: should not just target one group Accepted: must reflect societies values Known: public made aware Enforced: must be detected Stable: shouldn't change often
Clearly define and explain the role of civil and criminal law
Civil law protects individual rights and criminal law protects the community by keeping the peace.
Four key differences between civil and criminal law
Criminal law is concerned with protection of whole community, and civil law is concerned with private rights as individuals
Criminal law aims to punish the individual offender, whereas civil law restores plaintiff to original state.
Criminal law can result in a sanction such as imprisonment or fines, whereas civil law can result in a remedy such as injunction.
Criminal law deals with with matters such as murder, assault or rape. Whereas civil law deals with matters such as family disputes
Burden of proof in civil law
Plaintiff
Standard of proof in civil law
Balance of probabilities, plaintiff must show that defendant was probably in the wrong.
Burden of proof in criminal law
Falls on prosecution
Standard of proof in criminal law
Beyond reasonable doubt, if reasonable doubt with defenders, must be set free
Define plaintiff
The person bringing the case
Define defendant
Person defending the case
Define sue
Make a civil application in court
Define compensation
A civil remedy
Define defamation
A civil law, under which a person can claim damage on their reputation.
Define charge
When the police formally allege that a person has committed a crime
Define sentence
The punishment handed out to the guilty offender
Define conviction
When an offender has been found guilty
