civil law and criminal law Flashcards

1
Q

what is civil law

A
  • civil law is about private disputes between individuals and/or businesses.
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2
Q

what are the several types of civil law

A
  • law of tort
  • contract law
  • human rights
  • family law
  • employment law
  • company law
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3
Q

law of tort

A
  • law of tort occurs where the civil law holds that, even though there is no contract between them, one person owes a legal responsibility of some kind to another person, and there has been a breach of its responsibility.
  • if there is a breach of this responsibility, then the person attracted can make a claim under the law of tort.
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4
Q

law of contract

A
  • a contract is where the parties have made an agreement and each side has put something into the agreement.
  • if one party to the contract has not kept their side of the bargain, then the other party can bring a claim against them
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5
Q

human rights law

A
  • cases that involve breaches of human rights. these rights will be upheld in the English courts.
  • compensation can be awarded where there is a breach of human rights, it is also possible for other remedies to be given, such as an injunction to prevent the future publication of photographs
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6
Q

criminal law

A
  • criminal law sets out the types of behaviour which are forbidden at risk of punishment. A person who commits a crime is said to have offended against the state, and so the state has the right to prosecute them.
  • the criminal courts have the right to punish those who break criminal Law.
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7
Q

differences between civil and criminal law

A
  • purpose of the law
  • person starting the case
  • courts
  • standard of
  • outcome of case
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8
Q

what is the claimant

A
  • the legal term for a person or organisation starting a civil claim in the courts
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9
Q

what is the prosecutor

A
  • the legal term for the person or organisation bringing a criminal charge against a defendant
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