Week 1 Flashcards
Criminal vs Civil Law
Criminal: offences against the community, crimes, evidence from police
- case Brought by crown prosecutors
- standard of proof “beyond reasonable doubt” (protect the accused): highest standard of proof in a legal proceeding which means that prosecution must have proof of evidence in every element of crime that judge/jury doesn’t immediately assume defendant guilty
Civil: between individuals/organisations
- claimant and defendant
- Not a prosecution, you are suing
E.g: divorce, personal injury
defendant vs. claimant
Claimant is claiming guilt on defendant
Statue vs. Common law
Statue law: laws made by legislative body E.g. parliament
Common law: legal principles made from previous court decisions and judge preferences
Statue law: primary and secondary
Acts of legislation: primary
Most law comes from: secondary
Common law and precedent
Rulings made by previous judges E.g. in unique cases/ statue law is unclear
Common law E.g manslaughter, kidnapping etc..