Chapter 1 Flashcards
Civil law deals with disputes involving
private individuals and organisations
Criminal law deals with cases where
one party is accused of committing a criminal offence
Two categories of law in the English legal system
civil and criminal law
What is the purpose of civil law
to provide financial redress or other remedy that meets the needs
Examples of cases heard under civil law
Breach of contract and professional negligence
Parties in civil law
claimant and defendant
Burden of proof in civil law
Is with the claimant
Standard of proof under civil law
balance of probability (more probable than not)
Remedy or penalty under civil law
usually award of damages, other non-financial remedies are available. No concept of punishment
Who brings the case in criminal law
the state
Civil law, do parties have option to settle case out of court even if began hearing it
Yes
Criminal law - once a case has begun it will continue until
verdict is reach, unless becomes clear shouldn’t have been bought in the first place
Parties involved in criminal law
State (prosecution) and accused
Burden of proof in criminal law lies with
prosecution
Standard of proof in criminal law
beyond reasonable doubt (satisfy jury the accused is guilty, if any doubt jury should acquit)
Remedy or penalty for criminal law
no direct remedies to the injured party if the accused is found guilty. Remedies may be available under civil law if the accused caused loss or damage recoverable under civil system
Purpose of criminal law system
to punish those found guilty of committing crimes e.g. put into prison, pay fine
Primary legislation
acts of parliament - can create whole new laws and put case law on statutory basis, consolidate existing legilsation.
Enabling legislation is created
to give individual or body power to create laws in the form of secondary legilsation
Codifying legislation
Gives case law a statutory basis
Consolidating legislation
Brings together different pieces of legislation into a single document
What is created when a specific body or individual creates laws in accordance with an Act of Parliament
Secondary/delegated legislation
Purpose of delegated legislation
allow parliament to focus time on creating purpose and objectives of a statute while leaving details to be created by others to save time or utilise their experience.
Statutory instrument
common form of delegated legislation. authorises ministers or departments to create the detial of the law
