Civil+criminal law

Cards (41)

  • what is the ruling court?
    Supreme Court
  • Criminal law courts?
    • court of appeal
    • crown court
    • magistrates court
  • Civil courts?
    • court of appeal
    • high court
    • county court
  • What court does both criminal and civil law?
    Court of appeal
  • What are the two types of law?
    • criminal law
    • civil law
  • What does civil law cover?
    • private matters
    • disputes between individuals Or groups
    • settled by parliament
    • doesn’t involve police
    • Often about rights
  • Examples of civil law?
    • celebrity suing a newspaper
    • suing company that sold you faulty goods
    • claiming damages from an accident at work
    • taking neighbour to court over large tree that block sunlight
  • How does civil law work?
    • person brining claim= claimant, other person= defendant
    • c has to prove d is wrong
    • heard before judge
    • in county court
  • What does criminal law cover?
    • public matter
    • used when laws have allegedly been broken
    • police always involved
    • crown court prosecutes
  • What are the penalties for criminal law?
    • fines
    • imprisonment
  • What is a public matter?
    Issues that effect everyone
  • Examples of criminal law?
    Theft
    murder
  • How does criminal law work?
    • innocent until proven guilty
    • heard by judge and jury in crown court
    • heard by 1 full time magistrate or 3 magistrates in magistrate court
  • What are criminal law cases classified as?
    • summary only
    • triable
    • either way
    • indictable
  • Where do less serious crimes go in criminal law?
    Magistrates
  • Where do more serious crimes go in criminal law?
    crown court
  • What are summary only offences?
    • least serious offences
  • Examples of summary only offences?
    • driving offences
    • assault
  • Penalties for criminal law?
    • community service
    • short imprisonment
  • What are either way offences?
    • mid range offences
    • choice to how they’re dealt with
  • Examples of either way offences?
    theft, burglary, ABH
  • Penalties for either way offences
    • fines
    • community service
    • imprisonment
  • What are indictable offences
    • most serious offences
  • Examples of indictable offences?
    • murder
    • manslaughter
    • rape
  • Penalties for indictable offences
    Up to life imrisionment
  • What is the burden of proof?
    • on prosecution
    • job is to prove case against D -not job to prove c is innocent
  • What is the standard of proof?
    • The level to which the case has been proved
    • ‘beyond all reasonable doubt’.
  • What act gave ’innocent until proven guilty?
    Human rights act 1998
  • Enforcing the law: police
    • do not make the law, enforce it
  • What do the police do?
    • investigate crimes
    • gather evidence
    • arrest suspects
    • bring suspects to court
  • Enforcing the law: judges
    • makes sure the trail is conducted properly
    • imposes sentence
  • Enforcing the law: juries
    • only sit in crown court
    • have to agree on verdict
    • court will accept majority vote
  • What is a majority vote?
    10-2
  • Enforcing the law: magistrates
    • hear all cases first
    • limit to their sentences
  • What is the most the magistrates court can give?
    • 12 months imprisonment
    • £5000 fine
  • Types of enforcing the law: sentences?
    • Discharges
    • fines
    • community sentence
    • prison
  • What are the two types of discharge?
    • absolute
    • conditional
  • What is an absolute discharge? 

    when the defendant is let off with a warning
  • What is a conditional discharge?
    when the defendant is let off provided they behave for a set period
  • What is a community sentence?
    When the defendant works for the community
    They also have a curfew