MORE KNOWLEDGE about civil and criminal Flashcards
Person who brings legal action - civil
Plaintiff
Person who defends the action - civil
The defendant
Name of the court action - civil
Magistrates court
Party with the onus of proof - civil
The plaintiff/ appellant
Standard of proof - civil
The balance of proof
Aim of the law - civil
Resolve the disputes between individuals or groups, usually through compensation
Consequences of a successful court action- civil
The plaintiff gets the compensation from the defendant depending on the lawsuit
Consequence of an unsuccessful court action - civil
The losing party being ordered to cover the legal costs of the winning party
Person who brings the legal action - criminal
Prosecutor
Person who defends the action - criminal
Defendant
Name of the court action - criminal
District and supreme court
R v Accused surname and if they sue because they are not happy with result it opposite
Party with the onus of proof- criminal
The duty of the prosecution to successfully prove that accused’s guilt in order to produce a guilty verdict.
Standard of proof- criminal
Proof beyond reasonable doubt of each element of the offence and disproof beyond reasonable doubt of any defence, exception, exemption, excuse, justification or qualification.
Aim of the law - criminal
To discourage members of the community from committing crimes.
Consequences of a successful court action- criminal
Jail time, fines
Consequences of a successful court action for the criminal
Defendant let go
