Nature of the law Flashcards
What does criminal law set out?
- The behaviour that is forbidden by the state
What is involved in civil law?
- Civil disputes between private individuals or companies
What is the purpose of criminal law?
- Maintaining law and order
- Protecting society
What is the purpose of civil law?
- Uphold the rights of individuals if their rights have been breached
Who starts the case in a civil case?
- Business/individual
- Known as claimant
Who starts the case in a criminal case?
- Brought by the state
- CPS responsible for conducting most cases
- Known as the prosecutor
Where are civil cases heard?
- High court and County Court
Where are criminal cases heard?
- Magistrates and Crown Court
Who is a Magistrates case heard by?
- A panel of lay magistrates or a District Judge
Who is a Crown Court case heard by?
- A judge and Jury
What is the standard of proof in criminal cases?
- Must be proved “beyond reasonable doubt”
What is the standard of proof for civil cases?
- Have to be proved “on the balance of probabilities
What is the outcome of a civil case?
- Defendant found “liable” or “not liable”
- Def will be ordered to put matters right, e.g. paying for damages, an injunction or specific performance
What is the outcome of a criminal case?
- Def found “guilty” or “not guilty” (or “convicted” or “acquitted”)
- If found guilty criminal will receive punishment e.g. a fine, prison sentence etc
What is meant by double liability?
- 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
What did the Human Rights Act 1998 do?
- Incorporated the European Convention of Human Rights into English law
What does the European Convention on Human Rights set out?
- The rights that the people of Europe should have
- Also sets out freedoms that people should enjoy
What was the effect of the European Convention on the English legal process?
- 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
Since 1998 what changes have occured in order to comply with the Convention?
- 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.
What are the 3 important matters for the way our law is made and interpreted set out by the Human Rights Act 1998?
- 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
