Civil and Criminal Courts- ML 1

Civil Courts

Handles the disputes between individuals or organisations seeking compensation, deciding cases based on the balance of probabilities.

Criminal Courts

They deal with offences against the state, determining guilt beyond reasonable doubt and imposing penalties to maintain public order.

What do civil courts handle?

Contract disputes and property issues.

What do criminal courts handle?

Theft, assault and murder cases.

What is the civil court hierarchy? (low to high)

1. County

2. High- divided into 3: chauncery division (estates, bankrupcy, copyright & property) Kings bench (habeas corpus, judicial review & civil disputes and family division)

3. Appeal

4. Supreme

What is the criminal courts hierarchy? (high to low)

1. Supreme

2. Appeal

3. Crown (serious criminal cases)

4. Magistrates (minor offences)

5. Youth

Civil Proceedings

Resolve disputes between individuals or entities seeking compensation or specific actions.

Criminal proceedings

Aim to punish and deter wrongful conduct protecting societies by imposing penalties.

How do civil cases begin?

Beings with claimants doing form detailing claim and remedy. Deal with torts and civil wrongs, possession orders, breach of contract and debt recovery.

What happens in divorce?

Judge sums up the advice point of law and decides who pays costs. The jury decides whether the case is proved and the level of damage. Magistrates deal with this and family proceedings.

Family procedure rules 2010

State matrimonial and civil proceedings generally heard in public (can be in private)

Judicial Proceedings Act 1926 (regulation of reports)

Reporters can include names, addresses, occupations of parties and witnesses. Also can report grounds of application, concise statement of charge, submissions on point of law, courts decisions on submissions. Reports can include any comments (judge sums up judgement)

When isn’t there a jury at crown court?

If someone pleads guilty, judge listens to the outline of case and ‘mitigation’ from defence and decides the sentence and punishment.