Civil Flashcards
(20 cards)
What is civil law?
Civil law is about private disputes between individuals and/or businesses.
Important types include: Law of tort, Contract law, Human rights, Family law, Employment law, Company law.
What does the law of tort deal with?
The law of tort deals with the responsibilities (and breach of those responsibilities) that we owe to other people.
Examples include tort of negligence and tort of nuisance.
What are some examples of torts?
- A child passenger injured in a collision (negligence)
- A family affected by dust and noise from a factory (nuisance)
- A woman injured by faulty machinery at work (negligence, occupiers’ liability)
Torts are often resolved through payment of damages or injunctions.
What is the law of contract?
The law of contract governs agreements and interactions in daily life, essential for the functioning of the commercial world.
Examples include purchasing goods, hiring services, or taking loans.
What happens if one party breaks a contract?
The other party can sue based upon it.
This can lead to compensation or enforcement of the contract terms.
What is the purpose of human rights law?
To uphold and protect the fundamental rights of citizens against one another and the state.
It addresses breaches of rights such as liberty, fair trial, and private life.
What are some breaches of human rights law?
- Breach of Article 5: right to liberty
- Breach of Article 6(1): right to a fair trial
- Breach of Article 8: right to private and family life
These breaches can occur in various legal situations.
What is criminal law concerned with?
Criminal law is concerned with the behavior of individuals and forbids certain behaviors under threat of punishment.
It is enforced by the state and includes prosecution by the CPS.
Who prosecutes criminal cases?
Criminal cases are usually prosecuted by the Crown Prosecution Service (CPS).
This represents the state in court.
What are the powers of the court in civil law?
The court usually awards damages (money) and other remedies are available.
Remedies can include injunctions.
What are the powers of the court in criminal law?
The court can impose custodial and community sentences, fines, or other penalties.
Sentences depend on the circumstances of the crime.
What is the standard of proof in civil cases?
Balance of probabilities.
This means that the claim is more likely true than not.
What is the standard of proof in criminal cases?
Beyond reasonable doubt.
This means that there is a high level of certainty regarding the guilt of the accused.
What is the legal name for the person starting a civil case?
Claimant.
The claimant is the individual whose rights have been affected.
What is the legal name for the person starting a criminal case?
Prosecutor.
The prosecutor represents the state in criminal proceedings.
In which courts are civil cases heard?
County Court or High Court.
Civil disputes typically go to these courts.
In which courts are criminal cases heard?
Magistrates’ Court or Crown Court.
The choice of court depends on the severity of the crime.
True or False: A man accused of stabbing a shop worker is a civil case.
False.
This is a criminal case.
Fill in the blank: John and Jane are getting _______.
divorced.
This situation typically falls under family law.
Fill in the blank: The government announces that every family will have cameras and _______ put in their homes for monitoring purposes.
microphones.
This raises potential human rights concerns regarding privacy.
