Introduction to Law

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Introduction to the Law Scioloh Goveia
"Dual Liability may arise from the same set of facts, however the two branches of the
law have very different purposes, procedures and resulting penalties will differ."
The English legal system has two types of law, criminal and civil law, they deal with
different things in different ways.
A crime is wrong against the state, which will be also be punished by the state, in one
side we have the wrongdoer and the other we have the state or the crown court, the aim
is to punish the wrongdoer to also make sure it does not repeat itself. Serious cases
such as murder are dealt with by a judge or a jury, less serious offences (breach of
peace) are dealt with by magistrates, the parties that are present at the prosecution and
the defendant. The crown prosecution
must prove the case with no doubts if the defendant is found guilty, they will be
convicted by the judge or the jury if not, they found not guilty, sanctions and punishment
include imprisonment, fines and community order.
Criminal cases are brought by the state in the name of Crown.
A criminal case example would be in the R v Lamb 1967 where the defendant was
convicted of manslaughter having shot and killed a friend. He did not intend to injury his
friend as both them did not know how guns worked, there were two bullets inside, but
they thought there was no danger pulling a trigger, but when the defendant did the victim
was killed.
In a civil law case, the civil action is between the wrongdoer and the potential victim and
the aim is to compensate the victim for the harm done. Civil law comes under the
private law which a relationship between certain individuals which are also citizens. In
this legal process the individuals can claim against each other confidentially. The main
purpose in civil law is to settle a negotiation between the individuals and find a fair
outcome. In this type of law the state already has given out specific laws it is up to the
individual concern and it has different aspects, like contract, tort and property law.
In a civil law case the injured party can bring action or sue the party liable and may
recover damage, it can be settled out of court and it can be withdrawn at any time, the
claimants issues a claim form citing out the facts and asking for damages or other types
of remedies, which include financial reward for damages or injunctions.
Pip Murray

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Introduction to the Law Scioloh Goveia
An example of a civil law case would be Smith v Jones where a claimant sues a
In criminal law the prosecution has to prove that defendant is guilty beyond reasonable
doubt, while in civil law the level of proof is lower and has only to be set of scales of
probabilities.…read more

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Introduction to the Law Scioloh Goveia
final the highest court is the Supreme Court which replaced the House of Lords in
October 1st 2009 they deal with appeals from the crown court and in exceptional cases
circumstances from the High Court (also in Scotland and Northern Ireland).…read more

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Introduction to the Law Scioloh Goveia
The jury offeres the defendant the opportunity to be tried by his equals. Their role can be
seen as simply returning verdicts of guilty or not guilty. And it is done by determining
facts.…read more

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Introduction to the Law Scioloh Goveia
Harvard referencing
1. Involuntary Manslaughter | Criminal Law Case | Law Teacher. 2012. Involuntary
Manslaughter | Criminal Law Case | Law Teacher.
[ONLINE] Available at: [Accessed 08
November 2012].
2. The court structure, including the new Supreme Court. 2012. The court structure,
including the new Supreme Court.
[ONLINE] Available at:
[Accessed 08 November 2012].
3. A barrister's work in the UK. 2012. A barrister's work in the UK.
[ONLINE] Available at:…read more


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