Types of Laws

Question 1

Definitions of Criminal Law:

Answer 1

The criminal law follows a set of laws that are concerned with the breaches of the law that affect the whole of society and outlines the way people should act - what they can and cannot do. In criminal law, the burden of proof falls on the plaintiff to prove that the defendant is liable on the ‘balance of probabilities’ (standard of proof needed). The outcome of criminal law is called a ‘sanction’, a punishment that could result in imprisonment, a community-based order, or a fine.

Question 2

Definitions of Civil Law:

Answer 2

However, civil law is the area of law covering the infringement of a person’s rights and allows an individual to bring actions against other members of the public if they feel they have been wronged. In civil law, the burden of proof falls on prosecution to prove the accused is guilty ‘beyond reasonable doubt’ (standard of proof needed). The outcome of civil law is called a remedy - such as compensation for damages.

Question 3

Actus Reus -

Answer 3

a guilty mind (want to commit)

Question 4

Mens Rea -

Answer 4

a guilty act (committed the act)

Question 5

What is meant by a crime of strict liability? Example?

Answer 5

In strict liability crimes, intention (men’s rea) does not have to be proven, e.g. speeding and drinking driving offences.

Question 6

Major areas of difference b/w civil and criminal law.
Standard of Proof Needed & Burden of Proof:
- Civil Law:

Answer 6

• Civil Law: plaintiff needs to prove the defendant is liable, on the balance of probabilities

Question 7

Major areas of difference b/w civil and criminal law.
Standard of Proof Needed & Burden of Proof:
- Criminal Law:

Answer 7

• Criminal Law: prosecution needs to prove the accused is guilty, beyond reasonable doubt

Question 8

Major areas of difference b/w civil and criminal law.

- Aims/Purposes

Answer 8

• Civil Law: protection of private rights of the individual

- Criminal Law: protection of the community as a whole & punishment of offenders

Question 9

Major areas of difference b/w civil and criminal law.

- Names of the Parties.

Answer 9

i.e. prosecution v accused; plaintiff v defendant

Question 10

Differences between indictable and summary offences.

Answer 10

Summary Offence: minor offences heard by a magistrate

Indictable Offence: serious offences that are heard before a judge and jury

Question 11

• What is meant by indictable offences heard summarily?

Answer 11

That is, when a defendant agrees to have their indictable offence heard by a Magistrate rather than in the County Court.

Question 12

• What are the three reasons why a defendant usually agrees to this?

Answer 12

Quicker, less formal and less serious sanctions are given.

Question 13

Keywords that help identify if a case is about a civil matter.

Answer 13

Civil Matter:
Plaintiff
Remedy / Compensation /
Damages
Defamation
Sue

Question 14

Keywords that help identify if a case is about a criminal matter.

Answer 14

Criminal Matter:
Prosecution 	
Offender
Sentence / Sentencing / Custody
Bail
Guilty / Not-Guilty