Nature of the law

Question 1

What does criminal law set out?

Answer 1

• The behaviour that is forbidden by the state

Question 2

What is involved in civil law?

Answer 2

• Civil disputes between private individuals or companies

Question 3

What is the purpose of criminal law?

Answer 3

• Maintaining law and order

- Protecting society

Question 4

What is the purpose of civil law?

Answer 4

• Uphold the rights of individuals if their rights have been breached

Question 5

Who starts the case in a civil case?

Answer 5

• Business/individual

- Known as claimant

Question 6

Who starts the case in a criminal case?

Answer 6

• Brought by the state
• CPS responsible for conducting most cases
• Known as the prosecutor

Question 7

Where are civil cases heard?

Answer 7

• High court and County Court

Question 8

Where are criminal cases heard?

Answer 8

• Magistrates and Crown Court

Question 9

Who is a Magistrates case heard by?

Answer 9

• A panel of lay magistrates or a District Judge

Question 10

Who is a Crown Court case heard by?

Answer 10

• A judge and Jury

Question 11

What is the standard of proof in criminal cases?

Answer 11

• Must be proved “beyond reasonable doubt”

Question 12

What is the standard of proof for civil cases?

Answer 12

• Have to be proved “on the balance of probabilities

Question 13

What is the outcome of a civil case?

Answer 13

• Defendant found “liable” or “not liable”

- Def will be ordered to put matters right, e.g. paying for damages, an injunction or specific performance

Question 14

What is the outcome of a criminal case?

Answer 14

• Def found “guilty” or “not guilty” (or “convicted” or “acquitted”)
• If found guilty criminal will receive punishment e.g. a fine, prison sentence etc

Question 15

What is meant by double liability?

Answer 15

• When an offence gives rise to both civil and criminal liability, e.g. when a person is injured due to another parties bad driving
• Individual can be tried in both courts

Question 16

What did the Human Rights Act 1998 do?

Answer 16

• Incorporated the European Convention of Human Rights into English law

Question 17

What does the European Convention on Human Rights set out?

Answer 17

• The rights that the people of Europe should have

- Also sets out freedoms that people should enjoy

Question 18

What was the effect of the European Convention on the English legal process?

Answer 18

• Beforehand anyone who wanted to complain about a breach of their human rights had to take their case to the European Court of Human Rights
• Now people can rely on the rights it gives in our courts

Question 19

Since 1998 what changes have occured in order to comply with the Convention?

Answer 19

• For civil case an appeal route for small claims was created to comply with Art 6- the right to a fair trial
• In criminal trials, the trials of juveniles at Crown Courts were made less formal after T v UK and V v UK 1999 (boys to young to understand formality
• Sentencing used to be set by Home Secretary but this was seen as a breach, minimum sentence is now set by judges
• Judicial appointment meant part-time judges use dot be appointed by Lord Chancellor for 3 years and after this time they could be appointed for a further 3 years. It was felt that 3 years menat judges were not sufficiently independent of the Government (breach of ECHR) so term was extended to 5 years.

Question 20

What are the 3 important matters for the way our law is made and interpreted set out by the Human Rights Act 1998?

Answer 20

• Acts of Parliament- When Bill is put forward there must be a statement as to whether it is compatible with the ECHR
• Precedent- S2 of Human Rights Act states our courts must take into account any judgement or decision of the ECHR
• Statutory interpretation- S3 of Human Rights Act states all legislation must be interpreted so that it is compatible with the ECHR