Criminal v civil

Cards (21)

  • The purpose of civil law is Cases seek to prove the commission of a crime and the punishment of offenders.
  • The purpose of criminal law is To protect the public against harm.
  • The area of civil law is Used in contracts, negligence, trespass, land disputes, divorce, intellectual property, commercial and business litigation, etc.
    Can be litigious or non-litigious. Non-litigious areas include buying and selling property or the writing of wills.
  • The area of criminal law is Used for cases of theft, robbery, fraud, burglary, murder, manslaughter, assault, etc.
  • in civil law the case is brought by Private individual or company.
  • The main trial courts used by civil law are
    County court (lowest) – judge decides liability.
    High court (Highest trial court and hears appeals from County Court)- judge decides liability.
  • The main trial courts used by criminal law are
    Magistrates court (lowest)-Mags decide guilt and sentence.
    Crown court (highest trial court and hears appeals from the Mags)) –judge oversees case and decides sentence. Jury decide guilt.
  • The burden of proof in civil law is that the Claimant must prove their case, except in res ipsa situations
  • the burden of proof in criminal law is that The defendant is ‘innocent until proven guilty’ by the prosecution.
  • The standard of proof in civil law is balance of possibilities
  • The standard of proof in criminal law is beyond a reasonable doubt
  • Customs are Collective habits or traditions that have developed in a society over a long period of time
  • Statue Law is laws made by parliament
  • common law are laws made by judges
  • The High Court handles more serious civil cases
  • The burden of proof in criminal law is on the prosecution to prove the defendant's guilt beyond a reasonable doubt, while in civil law, the claimant must prove their case on a balance of probabilities.
  • The County Court is a trial court for civil cases and is the lowest level of court in the civil justice system.
  • The Crown Court is the highest trial court for criminal cases and hears appeals from Magistrates' Courts.
  • The County Court is a trial court used in civil law, where a judge decides liability.
  • The Magistrates' Court is the lowest trial court used in criminal law, where magistrates decide guilt and sentence.
  • Civil law deals with disputes between individuals, companies, or organizations resulting in the award of compensation.