legal Flashcards
CRIMINAL LAW
regulates behaviour of individuals in the community
CIVIL LAW
restores the injured party to their original decision
DIFF BETWEEN CIVIL AND CRIMINAL LAW
criminal aims to protect society as a whole whereas civil aims to protect individual rights
BURDEN OF PROOF IN CRIMINAL LAW
the party in a case that is responsible for proving the facts of the case. BOP falls on the prosecution in criminal law.
STANDARD OF PROOF IN CRIMINAL LAW
the level of evidence required to prove the facts of the case - the SOP is beyond reasonable doubt.
BEYOND REASONABLE DOUBT
prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented.
SANCTIONS
a criminal penalty imposed by the law
TYPES OF SANCTIONS
FINES. COMMUNITY CORRECTION ORDERS. IMRPISONMENT.
PURPOSES OF SANCTIONS
fines aim to punish the offender and deter them from committing anymore crimes
community correction orders aim to be an annoyance and rehabilitate the offender.
imrpisonment aims to protect the community and punish the offender.
REMEDIES
an action given to the winner of a civil case, aiming to restore them to their original position before the harm occured.
TYPES OF REMEDIES
damages. - a monetary (money) award to compensate for any damages suffered.
injunctions. - stops an action or enforces someone to do something.
PURPOSES OF REMEDIES
damages aim to punish the defendent.
injunctions aim to either stop someone from doing something, or force someone to do something.
ARBITRATION
independent third party - the arbitrator - listens to evidence from both parties and hand down a final decision if parties are unable to reach an outcome themselves.
ACCESS
ensuring all individuals have an understanding of legal rights.
CONCILIATION
independent third party - the conciliator - facilitates discussion between the two disputing parties and suggests possible solutions for them.
