Legal system

• What is civil law?

  Individuals bringing action against another member of the public or a group of people
• What is criminal law?

  Behaviour against the state
• How many people in the jury of a civil case?

  6
• How many people in the jury of a criminal case?

  12
• What is the standard of proof for a civil case?


  Balance of probabilities
• What is the standard of proof for a criminal case?

  Beyond reasonable doubt.
• Who brings action against the defendant in a civil case?

  Barrister
• Who brings action against the defendant in a criminal case?

  Prosecutor
• Empanelment


  The process of selecting a jury
• Exemptions from jury duty:

  • Jury service would cause undue hardship or serious inconvenience to you or your family
  • There is a conflict of interest or some other knowledge, acquaintance, or friendship that you have, which may result in you being perceived as lacking impartiality as a juror.
  • You have a permanent mental or physical impairment that makes you incapable of doing jury service, or that would injure your health if you were to do jury service
  • You have a disability that makes you unsuitable or incapable of effectively serving as a juror, without reasonable accommodation
• Arguments for jury system?

  1. A jury is a cross-section of society and therefore reflects society's values and attitudes
  2. There is widespread acceptance of the jury system
  3. The final decision is made by more than one person
  4. Juries are independent and impartial decision makers who are not controlled by the government
  5. Ordinary citizens are given the opportunity to play an active role in the administration of justice
  6. It reduces the possibility of bribery or corruption which might occur if only one person is to decide the outcome of the case
• Arguments against jury system?

  1. As some people are exempt from serving, the jury is not a true cross-section of society
  2. Ordinary people may not understand legal technicalities
  3. Juries don't have to give reasons for decisions
  4. Juries can be persuaded by the skills of lawyers
  5. Difficult for people to remain completely impartial; they can be influenced by media coverage of the trial
  6. Costs a lot of money to operate and the jury selection process is time consuming
  7. Jurors could be biased and may be influenced by their own personal prejudices