ELS

• Rule


  How does a rule differ from a law?
• Law


  How might you define law?
• How do the definitions of rule and law differ?
• Criminal Law and Civil Law


  • Criteria to distinguish between them
  • Examples of 'legal business' which fits into either
• Criminal Law


  Actions a person takes against a state, even if another person is harmed they have breached the rules of the country. Murder, theft, fraud are all breaches of criminal law, even though there are always clear victims.
• Civil Law


  Conflict between individuals. People breaching contracts or imposing on the property or freedoms of another. In reality this then seems to blur a line so the nature of the law and how it is dealt with also defines civil or criminal laws.
• ELS element


  • Purpose of the law
  • Legal name for the individual starting the case
  • Court hearing the case
  • Standard of proof required
  • Individual making the decision
  • Legal name(s) of the decision
  • Powers of the court
• Purpose of criminal law

  To punish/protect/deter
• Purpose of civil law

  To give restitution
• Standard of proof in civil cases


  Balance of probabilities (51%)
• Standard of proof in criminal cases

  Beyond reasonable doubt
• Individual making decision in civil cases


  Judge (rarely jury)
• Legal name(s) of decision in civil cases

  Liability, Compensation, injunction
• Legal name(s) of decision in criminal cases

  Verdict, sentence
• Powers of civil courts

  Compensation, injunction
• Powers of criminal courts


  Prison, community, fine, order
• When would you find a jury?
• When might an injunction occur as a result of a case?
• Recent Recall: explain the fundamental difference between civil and criminal law.
• Core Knowledge: what is the difference between the standards of proof for both civil and criminal?
• H.O.T. Question: Why do you think it is important to have this differentiation?
• Appeal


  What do we think is meant by Appeal?
• Why do we think the Supreme Court changed its past name?
• Why do they start in different courts? How might they work differently?
• Courts that hear civil cases

  • County/High
• Courts that hear criminal cases


  • Magistrates/Crown
• More serious criminal cases will be heard by which court?
• Likely outcomes of a civil case

  Compensation (sometimes injunction)
• When is liability called into question?
• Small Claims Track


  disputes under £10,000 except personal injury where the limit is £1000 (£5000 for RTAs not involving children)
• Fast Track


  straight-forward disputes of £10,000 to £25,000
• Multi Track


  Claims for over £25,000, or for lesser money sums where the case involves complex points of law and/or evidence
• Civil courts track system


  Highlight/annotate the information sheet provided before making detailed notes regarding the three track system
• High Court divisions


  • Queens Bench
  • Chancery
  • Family
• Queens Bench


  for contract and tort claims
• Chancery


  for disputes involving equity matters such as mortgages, trusts, copyrights, and patents
• Family


  for matrimonial-related disputes and cases relating to children
• How might this model have changed given political events within our recent history?
• Who decides which track should be used?
• What will both parties be asked to complete in order to allocate the correct track?