B141 Flashcards
Why do we need law?
- law helps to create public order by setting limits of what is acceptable.
- it helps to protect individual liberties by giving people rights when they are charged with criminal offences.
- it helps to regulate relationships between people so there is fairness and equality
- it sets standards, particularly for those who owe responsibilities to other people.
- it provides remedies for wrongs suffered so that people can be compensated in civil law and those who break the criminal law can be punished.
Define what law is.
Law is a set of rules that allows us to do certain things and prevents us from doing others.
What are the 5 most common types of civil law?
- contract
- consumer
- tort
- family
- employment
What is the purpose of civil law?
The purpose of civil law is to settle disputes between individuals and/or businesses.
Describe contract law
When individuals or businesses enter into an agreement both parties generally want the other to carry out what they have agreed in the way that they have agreed it.
If the parties intended to be legally bound by the agreement, then usually this is called a contract.
If either party fails to carry out their obligations, then the other party can seek help through the courts under contract law.
Describe consumer law
Consumer law allows customers to purchase goods and services in a safe and secure manner with the knowledge that if anything goes wrong with the goods or services, they have rights that will be protected under the law.
Much of this law is driven by EU legislation.
Describe tort law
A tort is a civil ‘wrong’ and in many cases complements criminal law. The criminal law will punish the defendant, but tort law can financially compensate the injured party.
A claim under tort law usually arises where someone is injured as a result of another person’s carelessness, or ‘negligent act’.
There are many types of tort, but negligence is the most common.
What is family law?
Family law deals with areas such as marriage and divorce, death and inheritance.
What is employment law?
The Law provides rules and boundaries that employers and employees must adhere to.
Who starts a case in criminal law?
Following a police investigation, the Crown Prosecution Service (CPS) is the main organisation responsible for taking the case to court on behalf of the state.
Who starts the case in civil law?
Civil cases are brought by individuals. They are know as the claimant. The person who they are bringing the allegations against is called the defendant.
Where are criminal cases heard?
All criminal cases start in the Magistrates’ court. The most serious cases are referred to Crown Court.
Where are civil cases heard?
Most civil claims start in County Court or High Court. If the claimant is claiming large amounts of compensation, then the case would be heard in the High Court.
What standard of proof is needed in a criminal case in order to find a defendant legally responsible (guilty)?
The magistrate or Crown Court Judge must be satisfied that the evidence proves beyond reasonable doubt that the defendant committed the crime.
What standard of proof is needed in a civil case for the defendant to be found legally responsible?
The claimant has to prove on a balance of probabilities that the defendant has broken or breached his agreement and therefore owes him some form of compensation , or, simply to carry out the agreement as planned.
