Theme C: Criminal and civil law Flashcards
(17 cards)
What are the two types of law that protect citizens?
Criminal law and Civil law.
What is the purpose of criminal law?
To protect the public from harm, such as in cases where crimes are committed against a person or property.
What are some examples of crimes against a person?
Assault, Manslaughter, Rape, Forcible entry.
What do crimes against property include?
Crimes against property include various offenses that harm or interfere with an individual’s ownership rights.
What is the purpose of civil law?
The purpose of civil law is to settle disputes in cases involving rights between groups or individuals, such as debts, personal injury, and family matters.
What types of disputes are included in civil law?
Civil disputes include work-related disputes, disputes involving accidents, debt, consumer disputes, family matters, property disputes, copyright disputes, and contractual disputes.
What are examples of civil disputes?
Examples of civil disputes include:
- Family matters, such as divorce
- Property disputes, such as ownership of property
- Copyright disputes
- Contractual disputes.
What courts hear criminal law cases?
The state prosecutes alleged criminals in the Magistrates’ Court, or the Crown Court for serious offences.
What courts hear civil law cases?
Cases are heard in the County Court, High Court, Family Court or by a Tribunal, depending on the type of case.
Who brings a case in criminal law?
A case is brought by the Crown Prosecution Service on behalf of the state, which acts for the community against the alleged criminal who has been accused of breaking the law.
Who brings a case in civil law?
Cases are brought by the individual or business affected by the dispute.
What is the burden of proof in criminal law?
Is on the prosecution to prove the case.
What is the burden of proof in civil law?
Is on the claimant to show they have a case.
What is the standard of proof in criminal law?
To be proved beyond a reasonable doubt.
What is the standard of proof in civil law?
The court or tribunal needs to be over 50% sure the defendant is liable.
What are the penalties in criminal law?
Include imprisonment (a custodial sentence), fines or community service.
What are the penalties in civil law?
Are non-custodial (not prison) such as winners getting compensation from losers, and losers paying the winner’s legal costs as well as their own.
