Chapter 2: How civil law differs from criminal law Flashcards
Civil law deals with disputes between individuals, groups, or organisations where they wish to use the law through the courts to seek what?
Civil law deals with disputes between individuals, groups, or organisations where they wish to use the law through the courts to seek:
- Redress of wrongs, or for damage done
- Compensation
Civil law deals with disputes between individuals, groups, or organisations where they wish to use the law through the courts to seek redress of wrongs or for damage done and to seek compensation.
Example
For example:
- A tenant refuses to pay their rent
- The landlord takes the tenant to court
An example of civil law is that:
A tenant refuses to pay their rent and the landlord takes the tenant to court.
The tenant claims they have withheld the rent because of issues with the property.
The landlord states that the tenant has caused the problems at the property, because the issues were not identified when the tenant moved into the property.
The judge has to decide based upon what?
The judge has to decide based upon the evidence presented
An example of civil law is that:
A tenant refuses to pay their rent and the landlord takes the tenant to court.
The judge has to decide based upon the evidence presented.
If the judge finds in favour of the landlord, they are likely to order the tenant to pay what?
If the judge finds in favour of the landlord, they are likely to order the tenant to pay the:
- Outstanding rent
- Repair costs at the property
- Legal costs of the landlord in bringing the case
An example of civil law is that:
A tenant refuses to pay their rent and the landlord takes the tenant to court.
The judge has to decide based upon the evidence presented.
If the judge finds in favour of the tenant, they are likely to order that what?
If the judge finds in favour of the tenant, they are likely to order that the:
- Repairs be carried out within a stated time
- Outstanding rent be paid
In a criminal case, the main object of the law is to do what?
In a criminal case, the main object of the law is to punish the wrongdoer
In a criminal case, the main object of the law is to punish the wrongdoer.
What does the sentence given act as?
The sentence given acts as:
- A warning to others
- An inducement not to commit further crime
Examples of criminal law cases include what?
Examples of criminal law cases include:
- Assault
- Battery
- Cases of murder
What do different courts deal with?
Different courts deal with:
1. Civil
2. Criminal
cases
Different courts deal with civil and criminal cases.
Where do most civil cases commence?
Most civil cases commence in a County Court
Civil law deals with disputes between individuals, groups, or organisations where they wish to use the law through the courts to seek redress of wrongs or for damage done and to seek compensation.
For example, a tenant refuses to pay their rent and the landlord takes the tenant to court.
The tenant claims they have withheld the rent because of what?
The tenant claims they have withheld the rent because of issues with the property
Civil law deals with disputes between individuals, groups, or organisations where they wish to use the law through the courts to seek redress of wrongs or for damage done and to seek compensation.
For example, a tenant refuses to pay their rent and the landlord takes the tenant to court.
The tenant claims they have withheld the rent because of issues with the property.
The landlord states that the tenant has caused the problems at the property, because what?
The landlord states that the tenant has caused the problems at the property, because the issues were not identified when the tenant moved into the property
An example of civil law is that:
A tenant refuses to pay their rent and the landlord takes the tenant to court.
The judge has to decide based upon the evidence presented.
If the judge finds in favour of the tenant, they are likely to order that the repairs be carried out within a stated time and the outstanding rent be paid, but that the landlord pay what?
If the judge finds in favour of the tenant, they are likely to order that the repairs be carried out within a stated time and the outstanding rent be paid, but that the landlord pay:
- Their own legal costs
- Any legal costs of the tenant in bringing the case
In a criminal case, the main object of the law is to punish the wrongdoer.
The sentence given acts as a warning to others and an inducement not to commit further crime and satisfies the public that what?
In a criminal case, the main object of the law is to punish the wrongdoer.
The sentence given:
1. Acts as a warning to others and an inducement not to commit further crime
2. Satisfies the public that justice has been administered
Different courts deal with civil and criminal cases.
Most civil cases commence in a County Court, whilst most criminal cases start where?
Most civil cases commence in a County Court, whilst most criminal cases start in a Magistrates’ Court