Criminal v Civil

Question 1

Civil Law 
Definition 
Type of court 
Terminology 
Aim 
Settlement 
Standard of proof 
Burden of proof 
Main remedies 
Who brings to action 
Who decides outcome

Answer 1

Definition - Regulates disputes between people
Type of court - Magistrates or county
Terminology - Claimant and defendant (defendant is liable)
Aim - Compensation
Settlement - Can be reached without court action
Standard of proof - Balance of probabilities (which is more likely)
Burden of proof - neither just who’s is more likely (determined by judge)
Main remedies - Damages, specific performance, injunction
Who brings to action - Claimant
Who decides outcome - Judge

Question 2

Criminal law
Definition 
Type of court 
Terminology 
Aim 
Settlement 
Standard of proof 
Burden of proof 
Main remedies 
Who brings to action 
Who decides outcome

Answer 2

Definition - Conduct prohibited by law
Type of court - Magistrates
Terminology - Prosecution and Defendant (Defendant is guilty)
Aim - Punishment
Settlement - Court must be used
Standard of proof - Beyond reasonable doubt
Burden of proof - Prosecution
Main remedies - Fine / imprisonment
Who brings to action - The State
Who decides outcome - Magistrates or Judge and Jury

Question 3

Civil court structure

Answer 3

European Court of Justice
Supreme Court
Court of Appeal
High Court - Employment Appeals Tribunal
County Court - Magistrates - Employment Tribunal

Question 4

Three track system

Answer 4

Small claims track = up to 10K (quick, informal, often no legal representation)
Fast track = 10K-25K (trials <1 day, fixed timetable to enable determination within 30 weeks)
Muti track = above 25K (trial >1 day, managed by courts)

County court hears all small and fast track cases. Multi are either County or High Court depending on complexity.

Any appeals from small/fast go to High Court, Multi goes to Court of Appeal

Question 5

High Court

3 divisions

Answer 5

Queens Bench - Contract and tort cases, 2 or more judges, supervise public authorities, unlawful detainment cases, criminal appeals from magistrates
Chancery - Single judge, trusts, tax, company law, partnerships, probate & insolvency
Family - Divorce, Family related appeals

Question 6

Court of appeal

Answer 6

3 judges
Master of the Rolls is Chief judge
Hears appeals from 3 divisions of high court and divisional court, employment appeals tribunal, crown court and county cases

Question 7

Supreme court

Answer 7

Staffed by justices of the supreme court
5 judges sit together
Highest appeal court in the UK