The nature and rule of law Flashcards
what is the purpose of criminal law
punish the guilty and protect the innocent
what is the purpose of civil law
resolve disputes between individuals
who is the person starting the case in criminal law
prosecution
who is the person starting the case in civil law
claimant
what are the courts hearing the cases in criminal law
magistrates and crown (superior court)
what are the courts hearing the cases in civil law
county and high (superior court)
what is the standard of proof in criminal law
beyond all reasonable doubt
what is the standard of proof in civil law
balance of probabilities
what is the burden of proof in criminal law
prosecution
what is the burden of proof in civil law
claimant
who is the person (s) making the decision in criminal law
jury/judge
who is the person (s) making the decision in civil law
judge
what is the verdict in criminal law
guilty or non guilty
what is the verdict in civil law
liable or non liable
what are the powers of court in criminal law
prison sentence
fine
community order
what are the powers of court in civil law
compensation/damages
how are civil law cases written
surname v surname - claimant v respondant / defendant
how are criminal cases written
R (monarch) v surname - prosecution v defence
what are the 3 main principles of the rule of law
- no person shall be sanctioned except in accordance with the law
- equality before the law
- fairness and clarity before the law
