OCR LAW AS

• Civil Law


  The law that dictates the relationship between individuals or businesses
• Civil Law


  • The Government can provide you with a judge but you have to pay for a lawyer and court time
  • There is a claimant and the defendant
  • The claimant is suing the defendant to result in compensation (also known as damages)
  • The 'proof' or 'evidence' in order to come to a legal conclusion is known as the Balance of Probabilities
  • If the defendant is found to have done what they have been accused of doing they are known as 'liable' (not 'guilty')
  • The aim is to protect your rights
• Claimant


  The person who is accusing (claiming) someone of doing something
• Balance of Probabilities


  Is it more likely than not that the defendant did what they are accused of doing
• Civil Case Tracks


  • Small Claims Track
  • Fast Track
  • Multi-Track
• Small Claims Track


  • Claiming damages up to £10,000, Personal injury claim up to £1,000, DIY (it isn't held in a court room but rather a conference room and you do not have a lawyer, you represent yourself, it is very relaxed, usually takes a few hours)
• Fast Track


  • Claims up to £25,000, Usually takes a day, Is in a Courtroom, Does need a Lawyer, Heard within 30 weeks
• Multi-Track


  • Claims over £25,000, Under £100,000 the case will go to the County Court, Over £100,000 it goes to the High Court, Personal injury claims of £50,000 go to High Court
• Civil Courts


  • County Court
  • High Court
  • Divisional Court
  • Court of Appeal
  • Supreme Court
• County Court


  • It is a Court of First Instance, Hears Small Claims Track, Lasts about an hour, Won't be in a Court Room, District Judge
• High Court


  • It is a Court of First Instance
• Divisional Court


  • It is a Court of Appeal
• Court of Appeal


  • It is a Court of Appeal (both Civil and Criminal)
• Supreme Court


  • It is a Court of Appeal (both Civil and Criminal)
• Criminal Law


  The system of Law concerned with the punishment if offenders
• Punishment in Criminal Law


  Prison sentence or a fine
• Proof required in Criminal Law

  Beyond Reasonable Doubt
• Beyond Reasonable Doubt


  Damning evidentiary support (90% and more certain that the defendant is guilty)
• Lawyers and Judges need to be this certain due to the severity of the consequences in comparison to Civil Law
• Defendant found guilty


  They have done what they have been accused of doing
• Aim of Criminal Law

  To protect the public by punishing the offender in order to prevent them from re-committing and to act as a deterrent for those who might be planning to commit
• Criminal law court cases


  Defendant versus the Crown or a legal organisation
• Criminal Law court cases are paid for by the Government. They supply Court rooms, Judges and lawyers
• Categories of Criminal Offences

  • Summary (Minor Crimes)
  • Either Way ('In Between Crimes')
  • Indictable (Serious Crimes)
• Summary Offences


  • Assault, Battery, Speeding
• Either Way Offences


  • Theft, ABH, GBH, criminal damage
• The more serious the injury (or the more expensive the items in which were stolen) depends on whether the case will go to the Crown Court or the Magistrate Court
• Indictable Offences


  • Robbery, Murder, GBH with intent, manslaughter
• Criminal Law Courts


  • Magistrate Court (Court of First Instance, hears Summary Offences)
  • Crown Court (Court of First Instance, hears Either-Way and Indictable Offences)
  • Court of Appeal (hears both Criminal and Civil Cases)
  • Supreme court (hears both Criminal and Civil Law Cases)
• Around 95% of all Criminal Law Cases are heard at the Magistrate Court