Introduction To Legal System (1)

  • Created by: JM150601
  • Created on: 13-09-18 10:00

What is Legal Personality?

The basis of our legal system is that everyone is equal under the law. In other words nobody should receive additional or lesser treatment based on status or social standing.

There are however people who can loose their legal personality all together. These people include:

  • People sectioned under the mental health act of 1983 lose some of their legal personality. They cannot make their own decisions, enter into contracts or deal with their own money without the permission of the court.
  • Those who are physically incapacitated. For example people in long-term comas although suffering from dementia.
  • Children (minors). Anyone who is under the age of 18 years old only have some legal personality. They cannot own property or inherit under a will.
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What is Civil Law?

Civil law is about private disputes between individuals and/or businesses. There are several different types of civil law. Some important ones are:

  • Law Of Tort
  • Contract Law
  • Human Rights
  • Family Law
  • Employment Law
  • Company Law

The two parties in Civil Cases are referred to as the Claimant and Defendant.

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What is the Civil Court structure?

Court of Justice of the European Union

Supreme Court

Court Of Appeal

High Court

County Court

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What is Criminal Law?

Criminal law sets out the types of behaviour which is forbidden at risk of punishment. A person who commits a crime is set to have offended against the state and so the state has the right to prosecute them.

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What is the Criminal Court structure?

Supreme Court

Court of Appeal (Criminal Division)

Crown Court

Magistrates Court

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Distinctions between the Civil and Criminal Jurisd

Civil:
Disputes between legal personality’s, Parties known as Claimant and Defendant, Cases allocates To County or High Court, Heard before District or Circuit Judge, The standard of proof needs to be on the balance of probabilities and the aim of the Civil Court is to put the wronged party back into the position they would be had the wrongful act not occurred.

Criminal:
Disputes are between the State and the Individual, The parties are known as the Prosecution and the Defendant, Cases commence in the Magistrates Court and the Crown Court, Heard before Magistrates or District Judge or a Crown Court Judge or Jury, The standard of proof needs to be beyond reasonable doubt and the aim of the Criminal Court is to punish the offender to ensure justice is done and protect society.

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