Introduction to English Legal System

• Civil Law - aims to deal with disputes between individuals or an organization.
• Criminal law - to bring in a criminal suspect to justice by fair trials and to find the innocent and punish the guilty.
• Person starting the case (civil) - individual or business.
• Person starting the case (criminal) - The Crown Prosecution Service are responsible for conducting the cases.
• Legal name for that person (civil) - claimant
• Legal name for that person (criminal) - prosecutor
• Courts hearing the case (civil) - High Courts or County Courts
• Courts hearing the case (criminal) - Magistrates Court or Crown Court.
• Standard of Proof (civil) - have to be proved 'on the balance of probabilities'. Lower standard of proof, where the judge decides who is most likely right.
• Standard of Proof (criminal) - must be proved 'beyond reasonable doubt'. I a very high standard of proof and is necessary since a conviction could result in defendant serving a long prison sentence.
• Person(s) making he decision (civil) - Judge
• Person(s) making the decision (criminal) - Judge, jury
• Decision (civil) - 'liable' or 'not liable' acquitted
• Decision (criminal) - 'guilty' or 'not guilty', convicted
• Powers of the Court (civil) - injunction to prevent similar actions in the future or an order for specific performance.
• Powers of the Court (criminal) - defendant found guilty of an offence may be punished, such as prison, a fine or community service.
• Double Liability - when there is both a criminal case and a civil case arising out of the same scenario.