Nature of Law and Key Concepts Flashcards
levels of court systems
magistrates court
high court
courts of appeal
supreme court
standard of proof
‘beyond all reasonable doubt’ - jury must have no doubt that D committed the crime based on facts/ evidence given in court.
burden of proof
prosecution must convince the jury that the crime was done ‘beyond all reasonable doubt’
prosecution definition
in criminal trial, on behalf of the Crown or the State, prosecution attempt to prove the guilt of the accused.
defendant definition
In criminal trial, defendant is the accused. their representatives try raise doubt ab the guilt of the accused.
claimant definition
In civil trial, claimant is the party or person who brings the claim.
respondent definition
In civil trial, respondent responds to the claim against them eg. in areas like negligence.
two topics: procedural law and substantive law definitions
procedural law- rules in law the govern how the courts and the law works in general eg. how laws are made.
substantive law- the rights and duties we have in law, the substance (Acts and case law), grouped into areas eg. criminal law, tort law, contract law, human rights.
legal personnel definition
those with legal training who are paid eg. Barristers, Solicitors, Legal Executives, Judges
lay personnel definition
those without legal training who are not paid. Magistrates are volunteers. eg. magistrates, juries.
crime definition
conduct that:
Is forbidden by the state
Has a punishment