Chapter 1F: Criminal and Civil Law (Part 2) Flashcards
Who is the DPP and what is their role?
The Director of Public Prosecutions, responsible for instituting, preparing and conducting serious criminal matters on behalf of the Crown and community
Who is the party bringing the case in criminal law and civil law?
Criminal Law = Prosecution (DPP or Police)
Civil Law = Plaintiff
Who is the party defending the case in criminal law and civil law?
Criminal Law = Accused
Civil Law = Defendant
What does the party responsible for proving the case in court carry?
The burden of proof
Who carries the burden of proof in criminal and civil law?
Criminal Law = Prosecution
Civil Law = Plaintiff
What is the outcome of a criminal law?
A sanction, which punishes the offender and protects society
What is the outcome of a civil law?
A remedy, which compensates the plaintiff financially
What happens if the accused is found guilty in a criminal law case?
The judge will impose a sentence in accordance with the severity of the crime
What happens if the defendant is found liable for infringing the rights of the plaintiff in a civil law case?
The plaintiff will be awarded a remedy as compensation, in the form of damages
What happens when a person is found guilty under criminal law and liable under civil law?
They will face sentence from the court as well as having to provide compensation for the plaintiff