1- Civil and Criminal Law

Question 1

What is criminal law?

Answer 1

Sets out types of behaviour forbidden for which a person might be punished.

If a person commits a crime the state has the right to prosecute them.

Question 2

What is civil law?

Answer 2

About private disputes between individuals/ businesses.

Question 3

What are the different types of civil law?

Answer 3

1. Law of tort
2. Contract law
3. Human rights law
4. Family law
5. Employment law
6. Company law

Question 4

What is the difference between civil and criminal law?

Answer 4

PURPOSE
Crim: Trying to maintain law and order. Offender will be punished.
Civil: Upholds the rights of individuals. Courts order compensation.

PERSON STATING THE CASE
Crim: Taken on behalf of the state, CPS responsible for conducting most cases.
Person stating the claim: prosecutor
Civil: Individual whose rights have been affected.
Person stating the claim: claimant.

COURTS
Crim: Mag Courts or Crown Court with a jury.
Civil: In general cases heard in County Court or High Court. Very rare to have a civil case heard by a jury.

STANDARD OF PROOF
Crim: Beyond reasonable doubt
Civil: Have to be proved ‘on the balance of probabilities’. Lower standard of proof than crim cases

PERSON MAKING DECISION
Crim: Lay Magistrates and judge in MC or judge and jury in CC
Civil: Judge

DECISION
Crim: Guilty or not guilty (convicted or acquitted)
Civil: Liable or not liable

POWERS OF THE COURT
Crim: Prison, community order, fine, driving ban…
Civil: Usually compensation

Question 5

What are the different sources of law?

Answer 5

1. Custom- Basis of common law. Rule/ behaviour developed in a community without being invented.
2. Common law- Basis of law today. Unwritten law developed from customs and judicial decisions. Ex: murder
3. Statute law- Created by Parliament by the passing of Acts of Parliament.