Criminal v Civil law Flashcards
purpose of the law in civil cases
to uphold the rights of individuals
purpose of law in criminal cases
to maintain law and order, protect society
which person starts the case in civil law
the individual whose rights have been affected
Who starts the case in criminal law
the state through CPS
legal name for the person who starts the case - civil law
claimant
legal name for the person who starts the case - criminal law
prosecutor
which courts hear civil cases
county court, high court, tribunals
which courts hear criminal cases
magistrates/crown court
whats the standard of proof in civil cases
the balance of probability
whats the standard of proof in criminal cases
beyond reasonable doubt
who makes the decisions in civil law
judge - rarely jury
who makes decisions in criminal law
magistrates, judge, jury
what is the decision in civil cases
liable or not liable
what is the decision in criminal cases
guilty or not guilty
what power does the court have once the decision is made in civil cases
damage (£) injunction and others
what power does the court have once the decision is made in criminal cases
prison, community sentence, fine
how to write a civil case name
claimant v defendant
how to write a criminal case name
R v defendant
what is the criminal court hierarchy
1 supreme court
2 court of appeal criminal division
3 high court
4 crown
5 magistrates (only sentence up to 1 year)
what is the civil law court hierarchy
1 supreme court
2 court of appeal
3 high court
4 county court
where does European law appear in UK law
still exists in the UK but can no longer be imposed
where does domestic law come from
made or created in the UK
where does custom law come from
based on tradition or length of time
where does common law come from
decisions made by judges in the higher courts create what we call “predecents” (rules). Which become law for future cases in lower courts
where does statute law come from
primary legislation - made by parliament, this is the highest form of law
