Introduction to English Law

?
What is the definition of Criminal Law?
The body of laws owed to society as a whole.
1 of 12
What is the definition of Civil Law?
The body of laws dealing with the rights and duties owned by indivuals and organisations to each other.
2 of 12
What is the burden of proof? (CIVIL)
The burden of proof is on the Claimant. The Claimant has an obligation to prove their case. If neither the Claimant nor defendant presents any evidence to the court, the Claimant will lose.
3 of 12
What is the standard of proof? (CIVIL)
The standard of proof is the 'weight' of evidence which is required for one party to win the case. When the two parties evidence is compared one must be more convincing than the other. This is described the balance of probablities
4 of 12
What are the parties known as in the civil courts?
Defendant and Claimant.
5 of 12
What are the parties known in the criminal courts?
Defendant and Prosecution or (CPS) Crown Prosectuion Service.
6 of 12
What is the burden of proof? (CRIMINAL)
The burden of proof means that the prosection (P) must prove its case. If the (P) do not offer any evidence then the judge will stop the trial and declare that the (D) is not guilty.
7 of 12
What is the standard of proof? (CRIMINAL)
The standard of proof is also beyond reasonable doubt. You have to decide whether the prosecution's evidence is so strong that it is not reasonable in your opinion to doubt it.
8 of 12
What is common law?
This was a body of law developed in the form of written judgments by judges setting out their reasons for their decisions in indivual cases. The only remedy that was available was damages.
9 of 12
What is equity?
The Court of Chancery was established and begun to develop a new parallel body of law which is Equity. The meaning of equity is fairness. New legal concepts were brought in such as Mortgages and created the concept of trust.
10 of 12
Explain the merging of common law and equity
The Judicature Acts 1873-75 merged the common law courts and Court of Chancery and required all courts to apply both common and equity laws. When common clashes with equity, the courts will now apply equity in all cases.
11 of 12
What are the maxims of equity?
The maxims of equity are fundamental principles which are used by judges in their written judgments and legal reasoning. This means the court can decide that the principles of common law are adequate & equitable principles and remedies are not needed
12 of 12

Other cards in this set

Card 2

Front

What is the definition of Civil Law?

Back

The body of laws dealing with the rights and duties owned by indivuals and organisations to each other.

Card 3

Front

What is the burden of proof? (CIVIL)

Back

Preview of the front of card 3

Card 4

Front

What is the standard of proof? (CIVIL)

Back

Preview of the front of card 4

Card 5

Front

What are the parties known as in the civil courts?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Introduction resources »