Criminal v Civil law Flashcards

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1
Q

purpose of the law in civil cases

A

to uphold the rights of individuals

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2
Q

purpose of law in criminal cases

A

to maintain law and order, protect society

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3
Q

which person starts the case in civil law

A

the individual whose rights have been affected

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4
Q

Who starts the case in criminal law

A

the state through CPS

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5
Q

legal name for the person who starts the case - civil law

A

claimant

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6
Q

legal name for the person who starts the case - criminal law

A

prosecutor

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7
Q

which courts hear civil cases

A

county court, high court, tribunals

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8
Q

which courts hear criminal cases

A

magistrates/crown court

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9
Q

whats the standard of proof in civil cases

A

the balance of probability

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10
Q

whats the standard of proof in criminal cases

A

beyond reasonable doubt

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11
Q

who makes the decisions in civil law

A

judge - rarely jury

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12
Q

who makes decisions in criminal law

A

magistrates, judge, jury

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13
Q

what is the decision in civil cases

A

liable or not liable

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14
Q

what is the decision in criminal cases

A

guilty or not guilty

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15
Q

what power does the court have once the decision is made in civil cases

A

damage (£) injunction and others

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16
Q

what power does the court have once the decision is made in criminal cases

A

prison, community sentence, fine

17
Q

how to write a civil case name

A

claimant v defendant

18
Q

how to write a criminal case name

A

R v defendant

19
Q

what is the criminal court hierarchy

A

1 supreme court
2 court of appeal criminal division
3 high court
4 crown
5 magistrates (only sentence up to 1 year)

20
Q

what is the civil law court hierarchy

A

1 supreme court
2 court of appeal
3 high court
4 county court

21
Q

where does European law appear in UK law

A

still exists in the UK but can no longer be imposed

22
Q

where does domestic law come from

A

made or created in the UK

23
Q

where does custom law come from

A

based on tradition or length of time

24
Q

where does common law come from

A

decisions made by judges in the higher courts create what we call “predecents” (rules). Which become law for future cases in lower courts

25
Q

where does statute law come from

A

primary legislation - made by parliament, this is the highest form of law