Criminal V Civil F4

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  • Created by: Lucy
  • Created on: 16-07-15 21:42
Civil Law Definition
Regulations disputes between people dealing with each other
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Type of Court - Civil
Magistrates, County
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Terminology - Civil
Claimant (or paintiff) and defendant - Liable
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Aim of Legal Action - Civill
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Settlement - Civil
Could be reached without court action
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Burden of proof -Civil
Balance of probabilities the claimant's claims are more likely than the defendants
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Main Remedies - Civil
Damages, specific performance, injunction
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Who brings the action - Civil
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Who decides the out come - Civil
Usually Judge (e.g. judge judy)
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Criminal Law Definitions
Crime is conduct prohibited by law
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Type of court - Criminal
All start in Magistrate courts
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Terminology - Criminal
Prosecutor, defendant, or accused - Guilty
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Aim of legal action - Criminal
Punishment - defferrant
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Settlement - Criminal
Court must be used
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Burden of proof - criminal
Guilt must be proven beyond reasonable doubt
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Main Remedies - Criminal
Fine, and or inprisionment
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Who brings the action - Criminal
State, unless it is a private prosecution (rare)
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Who decides the outcome - Criminal
Magistrate or judge and jury (e.g. Crown Court)
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Small Claims Track
up to £10,000, adv - quick, informal and often no legal representation
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Fast Track
£10,000 to £25,000, trials lasting
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>£25,000 and/or>one day, managed by courts (e.g. breach of contract case £25,000)
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County court hears
All Small claims and Fast track cases
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County court of high court are allocated to - depending on complexity
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Multi -track cases go here. Otherwise relevant division of high court hears appeals from the county court.
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High Court
3 Divisions, Queens Bench (QBD) - Most important, Chancery Division, Family Division. Single Judge acting alone (rare for juries to be involved in civil cases)
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High court appeals to
Court of Appeal, rare but occasionally leap frog to Supreme court, if all parties agree
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Queens Bench Division
2 or more judges, supervise public authorities, inferior courts and tribunals
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Queens Bench Division
Hear applications for the writ 'habeas corpus' (give up body) from person who allege they are being unlawfully detained. Hear certain criminal appeals on points of law from magistrates and crown courts
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Chancery Divison
Single Judge, Trusts, Tax, Company law, Partnerships, Probate and insolvency
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Family Division
Divorce, Embryology and Human fertilization, family related appeals from county court
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Court of Appeal
3 judges, master of the Rolls is chief judge, hears appeals from the 3 divisions of high court and divisional court, employment appeals tribunal, crown court and certain county court cases.
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Supreme Court
Staffed by Justices of the Supreme Court, generally 5 judges, highest appeal court in the UK
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Other cards in this set

Card 2


Magistrates, County


Type of Court - Civil

Card 3


Claimant (or paintiff) and defendant - Liable


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Card 4




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Card 5


Could be reached without court action


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