Week 1 Flashcards

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1
Q

Criminal vs Civil Law

A

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

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2
Q

defendant vs. claimant

A

Claimant is claiming guilt on defendant

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3
Q

Statue vs. Common law

A

Statue law: laws made by legislative body E.g. parliament
Common law: legal principles made from previous court decisions and judge preferences

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4
Q

Statue law: primary and secondary

A

Acts of legislation: primary
Most law comes from: secondary

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5
Q

Common law and precedent

A

Rulings made by previous judges E.g. in unique cases/ statue law is unclear
Common law E.g manslaughter, kidnapping etc..

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