THE NATURE OF LAW Flashcards
Is claimant a civil or criminal term? (1)
Civil term
Is prosecution a civil or criminal terms? (1)
Criminal
Is balance of probabilities a civil or criminal term? (1)
Both civil and criminal
Is guilt a civil or criminal term? (1)
Criminal
Is imprisonment a civil or criminal term? (1)
Criminal
Is compensation civil or criminal term? (1)
Civil
Is liable a civil or criminal term? (1)
Civil
Is reasonable doubt a civil or criminal term? (1)
Criminal
Is defendant a criminal or civil term? (1)
Both civil and criminal
Is innocence a civil or criminal term? (1)
Criminal
Is burden of proof a civil or criminal term? (1)
Civil
Define claimant (1)
Person trying to claim compensation.
Define prosecution (1)
The person trying to put a criminal in prison.
Define the balance of probabilities (1)
How sure a judge is of a conviction of law.
Define guilt (1)
Done something wrong or has committed a crime.
Define imprisonment (1)
Putting someone in prison.
Define compensation (1)
Paying someone or community service.
Define liable (1)
The final decision from a judge in a civil case.
Define beyond reasonable doubt (1)
You are 100% certain that they are guilty.
Define reasonable doubt (1)
You are not 100% certain that this person committed the crime thus they cannot be prosecuted.
Define defendant (1)
The bad guy or the one who needs to be prosecuted.
Define innocence (1)
A defendant that has not been prosecuted.
Define burden of proof (1)
The person who must prove the case.
What are some examples of the jurisdiction of a civil court? (3)
-contract
-tort
-divorce/family law
What are some examples of the jurisdiction in a criminal court? (3)
-murder
-theft
-sexual crimes
Who does the burden of proof rely on in a civil court? (1)
Burden on proof is on the claimant, standard of proof on the balance of probabilities must exceed 50%.
Who does the burden of proof rely on in a criminal court? (2)
Burden of proof is on the prosecution, the standard of proof must be beyond reasonable doubt.
What is the hierarchy of the civil court system? (5)
-lowest-county court
-high court
-court of appeal
-Supreme Court
Advisory-European court of justices
What is the hierarchy of the criminal court system? (5)
-lowest-high court
-magistrates court
-crown court
-court of appeal
-supreme court
What judges are in the crown court? (1)
Circuit judges
What is the court of appeal? (1)
Court that handles appeals of previous claims or cases.
What is the European court of justice? (1)
The court that the government go to for civil advice.
What is a rule? (1)
Defined by academics Twining and Miers as a general norm, mandating or guiding conduct.
What are social rules or norms? (1)
Social rules influence the way we behave.
Why might we follow social rules? (3)
Because a Penalty may be imposed
A sense of moral obligation
The rule is reasonable and relevant.
How do social rules differ from legal rules? (1)
Social rules are abstract and unwritten whereas legal rules are written down and codified.
What are morals? (1)
A set of beliefs and values, some laws seek to reflect and promote certain moral values eg. The discrimination acts.
What are disadvantages of moral rules? (1)
Though laws are made based on these moral rules, it is not always that everyone has the same moral views for example we adultery as immoral but it is not illegal.
What are formal rules? (1)
A formal mechanism of social control which is enforced and imposed by the state.
