key distinction of civil law Flashcards
1
Q
key distinctions
A
- codified system. relies on written statutes which establishes legal procedures/punishment in disputes (the white book?)
- judges merely establish facts of case. apply remedies in quantifiable law? quarter final?
- individuals/organisation
- tort, contract, family, company law + intellectual property law
- defendant is sued
- proved to balance of probabilities
2
Q
Burden of proof
A
- Balance of probabilities: the case that is the more probable should succeed
- The phrase “beyond a reasonable doubt” means that the evidence presented and the arguments put forward by the prosecution establish the defendant’s guilt so clearly that they must be accepted as fact by any rational person