Chapter 1: Criminal v Civil Flashcards
Civil and Criminal Law
Which is ‘private law’ and which is ‘in the public interest’?
Civil Law - Private Law
Criminal Law - In the public interest, it has a wider impact
Definitions of civil law and private law
Civil Law regulates disputes between people dealing with each other.
Criminal Law - Crime is conduct prohibited by law
Types of court
Civil Law - Magistrates (rare) and County (common)
Criminal - all criminal actions start in the Magistrates’ Court regardless of seriousness
Terminology - what terms do you use?
Case names?
Outcomes?
Civil Law: Claimant and defendant
Case name: Person A v Person B
Outcome: Defendant is liable/ not liable
Criminal Law: Prosecution and defendant or accused
Case name: R (crown) v defendant
Outcome: The accused is guilty / not guilty
Aim of legal action?Remedies?
Civil and criminal
Civil: Compensation (money)
Remedies: Pay for damages, specific performance (rectify damage), injunction (stop/prevent something from happening)
Criminal: Punishment
Remedies: Fine and/or imprisonment
Standard of proof?
Burden of proof?
Civil - Standard of proof: On the balance of probabilities (ie claimants claims are more likely than the defendant claims)
Burden of proof: Based on ‘the balance of probabilities’ determined by a judge
Criminal - standard of proof: Beyond reasonable doubt
Burden of proof: Must be proved by the prosecution (to the satisfaction of the magistrate/judge)
Who decides the outcome: Civil and criminal
Civil - usually a judge
Criminal - Usually magistrates or judge and jury
Settlement for civil and criminal law
Civil: Could be reached without court action
Criminal: Court must be used
Tracking - The three track system
Cases are allocated to one of the following:
Small claims track - up to £10,000, advantage: Quick,informal,often no legal representation
Fast track - £10k - £25k, trials last more than one day, fixed timetable to enable determination within 30 weeks
Multi-track claims - Over £25,000 and/or more than one day
What claims does the county court hear?
What court hears mutli-track cases?
All small claims and fast track claims.
Multi-track cases are allocated to either the county court or the high court depending on complexity.
What are the two courts of 1st instance?
County court and High court
If you are not happy with the judgement from the county court where does appeals go?
What are the three divisions of that court?
For small and fast track claims.
Small and fast track appeals - goes to the high court as it also hears appeals.
Queen Bench Division - Contract and Tort (Businesses)
Chancery Division - Partnership and companies
Family Division - Family issues
What are the appelate courts? (Only hears appeals)
Court of appeal
Supreme court
Appeal route from county court for multi track appeals?
Court of appeal (3 judges)
Then
Supreme court (5 judges, highest in the UK)
How is it possible to ‘LEAPFROG’ / bypass the court of appeal straight to the supreme court?
Only if both sides agree to it AND if it is a time critical case.
