1.3 Criminal and Civil Law

all notes taken from AQA A-Level Law Book 1 (Hodder Education, authored by Jacqueline Martin and Nicholas Price) and Book 2 (Hodder Education, authored by Jacqueline Martin, Nicholas Price and Richard Wortley)

this set explores:

1.3.1 criminal law

1.3.2 civil law 

1.3.3 differences between criminal and civil law 

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  • Created by: Zaynab
  • Created on: 29-05-20 16:28
criminal law sets out...
types of behaviour which are forbidden at risk of punishment
1 of 23
a person who commits a crime is said to have...
offended against the state, the state then has a right to prosecute them.
2 of 23
criminal courts have a right to punish those that break...
criminal law
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examples of sentencing include:
1. sending Defendant (D) to prison, ordering D does a certain number of hours of unpaid work, fining D, disqualifying D from driving for a period of time
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Civil law is about....
private disputes between individuals and/or businesses
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name some types of civil law
1. tort law 2. contract law 3. human rights 4. family law 5. Employment law 6. company law
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criminal law is aimed at trying to...
maintain law and order c
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civil law upholds...
the rights of individuals and the courts can order compensation in an effort in putting the parties back to the position they would've been in without breach in Civil Law
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criminal cases are taken on behalf of
the state, mostly via Crown Prosecution Services (CPS)
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civil cases started by
individual/business which has suffered as a result of the breach in civil law
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in crim, cases, the person starting the case is known as
prosecutor
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in civil cases, person starting the case is known as
claimant
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criminal cases will either be tried in either
Magistrates (Mags.) court or the Crown Court (Cro.Co)
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Mags, court deal with
less serious offences, case tried by panel of lay mags, or by single legally qualified District Judge
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the Cro,co tries
serious offences
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in general, civil cases are heard in
the High Court and the County Court. Hi.Co = more serious cases Co.Co = cases of lower value
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Criminal cases must be proved
beyond reasonable doubt
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Being proved beyond reasonable doubt is a very _______ standard of proof
high
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having a high standard of proof is necessary because
a conviction could result in the D serving a long prison centre
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Civil cases have to be proved
on the balance of probabilities. (this is a lower standard of proof, Judge decides who is most likely to be right)
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difference in Standard of Proof means
it is possible for a D who has been acquitted in a criminal case to be found liable in a civil case based on the same facts
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A D in a criminal case is found either
guilty or not guilty (can also be convicted or acquitted)
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D in civil case is found either
liable or not liable
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Other cards in this set

Card 2

Front

a person who commits a crime is said to have...

Back

offended against the state, the state then has a right to prosecute them.

Card 3

Front

criminal courts have a right to punish those that break...

Back

Preview of the front of card 3

Card 4

Front

examples of sentencing include:

Back

Preview of the front of card 4

Card 5

Front

Civil law is about....

Back

Preview of the front of card 5
View more cards

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