Week 1- English Law Flashcards
Uk three distinct legal systems
England and Wales
Scotland
Northern Ireland
Private law vs public law
Private law- law regulating the relationship between individuals. A company considered an individual. Anything under civil law e.g. contract law, tort law
Public Law- the rules regulating relationship between a government and its citizens. Rules of penal code. The type of law governing the conduct of public bodies
Tort
(Private/civil law)
Derived from Latin word ‘tortus’ crooked or twisted. Assault/battery. A civil wrong that occurs when someone causes another person to suffer loss or harm
Common law vs statutory law
A common law is a judge made law, differing from statutory law which is a written law passed by a body of legislature
Aim of Civil vs criminal law
Criminal- to regulate behaviour and promote public order
Civil- to govern the relationships between individuals and enforce individual rights
Parties involved criminal vs civil law
Criminal law- process started by police and prosecuted by the state
Civil law- started by an individual or company- the claimant, Sue’s the defendant (another individual company)
Criminal vs civil- where is the case heard
Criminal- trial in the magistrates court (trained volunteers (3 of them)- weigh up evidence to decide if guilty or not- can be called up to crown court with indictable offences)
Civil- county court handle 90% of offences (minor) exclusively civil jurisdiction, or high court
Criminal vs civil law burden of proof
Criminal- beyond reasonable doubt that the defendant is guilty
Civil- on the balance of probabilities
Civil law vs criminal law penalties
Criminal- Punishment, rehabilitation such as imprisonment or community service
Civil- to correct the wrong, compensate the person who suffered a loss e.g pay damages
4 broad main legal traditions worldwide
Civil law
Common law
Customary law
Religious law
