INTRODUCTION TO LAW Flashcards
PURPOSE
Civil: Regulates private disputes between individuals
Criminal: state regulates individuals behaviour
PARTIES
Civil: Claimant v Defendant
Criminal: Prosecution v Defence
DECISION- MAKER
Civil: Judge
Criminal: Magistrate, or judge and jury
BURDEN OF PROOF
Civil: Claimant must prove his/ her case
Criminal: The prosecution must prove its case
STANDARD OF PROOF
Civil: On the balance of probabilities
Criminal: Beyond all reasonable doubt
COURTS
Civil: County, High court
Criminal: Magistrates’ Court and Crown Court
REMEDIES
Civil: Damages (compensation) or injunction
Criminal: Prison, fines, community service
SEPARATION OF POWERS
JUDICARY (judges) apply law
LEGISLATURE (parliament) pass laws
EXECUTIVE (government) purpose laws
POINT OF LAW
Requires the interpretation of a document or some other legal instrument
LEAVE OF APPEAL
Permission to appeal the decision of a court
APPEAL
Apply to a higher court for a reversal of the decision of a lower court
CASE STATED APPEAL
An application is made to the magistrate to state a case for the opinion of the High court on a matter of law.
magistrate has made a mistake
