Civil Law vs Criminal Law Flashcards

1
Q

Criminal law is about the interactions between…

A

The state and individuals

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2
Q

Civil law is about the interactions between…

A

Individuals

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3
Q

The aim and purpose of criminal law is to…

A
  1. To maintain law and order
  2. To protect society
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4
Q

The aim and purpose of civil law is…

A

To uphold the rights of individuals

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5
Q

Who starts the case in criminal law?

A

The State, through the police or the Crown Prosecution Service

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6
Q

Who starts the case in civil law?

A

The individual whose rights have been affected

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7
Q

What’s the legal name for the person who starts the case in criminal law?

A

The prosecutor

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8
Q

What’s the legal name for the person who starts the case in civil law?

A

The claimant

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9
Q

Where are the criminal law cases heard?

A
  • Magistrates court
  • Crown court
  • Court of appeal criminal division
  • Supreme Court
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10
Q

Where are civil law cases heard?

A
  • County court
  • High court
  • Court of appeal
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11
Q

The standard of proof needed in a criminal law case…

A

Beyond all reasonable doubt

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12
Q

The standard of proof needed in a civil law case…

A

On the balance of probabilities

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13
Q

The verdict in a criminal law trial is…

A

Guilty or not guilty

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14
Q

The verdict in a civil law trial is…

A

Liable or not liable

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15
Q

The powers of the criminal court are…

A

The magistrate/judge decides the sentence, including prison, fines and community orders

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16
Q

The powers of the civil court are…

A

Can award compensation (money). The judge decides how much

17
Q

Example of offences in criminal law are…

A

Rape, theft and murder

18
Q

Example of offences in civil law are…

A

Divorce, custody and inheritance

19
Q

Who decides sentences in magistrates’ court?

A
  • 2 or 3 magistrates or
  • district judge
20
Q

Who hears cases in a crown court

A
  • a jury decides whether you are guilty or not guilty
  • a judge who decides the sentence