Criminal v Civil law

Question 1

purpose of the law in civil cases

Answer 1

to uphold the rights of individuals

Question 2

purpose of law in criminal cases

Answer 2

to maintain law and order, protect society

Question 3

which person starts the case in civil law

Answer 3

the individual whose rights have been affected

Question 4

Who starts the case in criminal law

Answer 4

the state through CPS

Question 5

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

Answer 5

claimant

Question 6

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

Answer 6

prosecutor

Question 7

which courts hear civil cases

Answer 7

county court, high court, tribunals

Question 8

which courts hear criminal cases

Answer 8

magistrates/crown court

Question 9

whats the standard of proof in civil cases

Answer 9

the balance of probability

Question 10

whats the standard of proof in criminal cases

Answer 10

beyond reasonable doubt

Question 11

who makes the decisions in civil law

Answer 11

judge - rarely jury

Question 12

who makes decisions in criminal law

Answer 12

magistrates, judge, jury

Question 13

what is the decision in civil cases

Answer 13

liable or not liable

Question 14

what is the decision in criminal cases

Answer 14

guilty or not guilty

Question 15

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

Answer 15

damage (£) injunction and others

Question 16

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

Answer 16

prison, community sentence, fine

Question 17

how to write a civil case name

Answer 17

claimant v defendant

Question 18

how to write a criminal case name

Answer 18

R v defendant

Question 19

what is the criminal court hierarchy

Answer 19

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

Question 20

what is the civil law court hierarchy

Answer 20

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

Question 21

where does European law appear in UK law

Answer 21

still exists in the UK but can no longer be imposed

Question 22

where does domestic law come from

Answer 22

made or created in the UK

Question 23

where does custom law come from

Answer 23

based on tradition or length of time

Question 24

where does common law come from

Answer 24

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

Question 25

where does statute law come from

Answer 25

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