Introduction To Law Flashcards
Purpose of criminal law
Maintain order, punish guilty, protect innocent
Purpose of civil law
To restore injured party to their original position
Person starting the case (criminal)
Police & CPS
Person starting the case (civil)
Claimant
Courts that hear criminal cases
Magistrates and crown
Courts that hear civil cases
County and high
Burden of proof in criminal law
Prosecution
Burden of proof in civil law
Claimant
Standard of proof in criminal law
Beyond reasonable doubt “sure”
Standard of proof in civil law
Balance of probabilities
Who decided the verdict in criminal law
Jury or magistrate
Who decided the verdict in civil law
Judge
Verdicts in criminal law
Guilty/ not guilty
Verdicts in civil law
Liable/ not liable
Powers of the court in criminal vs civil
Can sentence D
Can order D to pay C damages
Parliament law making summary
Queen, HOC, HOL
Laws they make are acts of Parliament or statutes
Example: theft act 1968
Judges law making summary
Called precedents
Example R v R (1991) D forced his wife to have sex with him, they made marital rape illegal
Council law making summary
Called delegated legislation
Example: railway bylaw- having to join the end of a queue
EU law making summary
Called regulations and directives
Example: working time directive
The rule of law
No one is above the law and the law applies to everyone equally
Laws will be made, enforced and applied in a clear and fair way
Parliamentary supremacy
Parliament are the most powerful law makers due to being elected democratically
Parliament may make any law that it wants, others cannot change these laws
Judicial creativity
How much judges can influence the law. Little creativity respects parliamentary supremacy
Separation of powers
Legislature (parliament) make laws
Executive (government) enforce laws
Judiciary (judges) interpret and apply laws
3 should be kept separate
