Week 1 - Criminal & Civil Law Flashcards
Lecture 1 - Criminal and Civil Law
What’s Criminal Law?
Think of criminals
It is a form of public law that relates to conduct which the State disapproves and seeks to control.
What’s the purpose of Criminal Law?
The enforcement of certain types of behaviour by the state, which acts to ensure compliance.
How do cases work inside Criminal Law?
Cases are brought by the state in the name of the Crown. Case names are in the form R v ( R meaning Regina or Rex, Queen or King in Latin).
What level of proof does Criminal Law need?
High standard of proof – guilt must be proven beyond reasonable doubt.
What’s the objective of Criminal Law?
To regulate the behaviour of society through the threat of punishment.
What’s the penalty of Criminal Law?
If found guilty the criminal courts can punish the accused with a prison sentence and/or a fine.
What’s Civil Law?
Civil law is a form of private law and involves the relationships between individual and citizens/organisations.
What’s the purpose of Civil Law?
To settle disputes between individual/organisations and to provide remedies for loss suffered.
How do cases work for Civil Law?
Cases are brought by the Claimant against the Defendant. Case names are in the form e.g.Hunt v Lucas, i.e. Claimant v Defendant.
What level of proof does Civil Law need?
Lower standard of proof – liability must be proven on the balance of probabilities.
What’s the objective of Civil Law?
To provide financial compensation to put the claimant in the position they would have been in, had the wrong not been done.
What’s the Remedy for Civil Law?
if found liable, the civil courts can order the defendant to pay damages, or it may award some other equitable remedy e.g. specific performance, injunction etc.
What is Common Law?
A system of law developed by courts over many years from ancient customs, traditions and through case-based judicial decisions.
What’s equity?
A tool that allows Judges flexibility to deviate from the common Law and produce a fair outcome.
