civil law and criminal law Flashcards
1
Q
what is civil law
A
- civil law is about private disputes between individuals and/or businesses.
2
Q
what are the several types of civil law
A
- law of tort
- contract law
- human rights
- family law
- employment law
- company law
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.
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
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
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.
7
Q
differences between civil and criminal law
A
- purpose of the law
- person starting the case
- courts
- standard of
- outcome of case
8
Q
what is the claimant
A
- the legal term for a person or organisation starting a civil claim in the courts
9
Q
what is the prosecutor
A
- the legal term for the person or organisation bringing a criminal charge against a defendant