1.3 CRIMINAL V CIVIL LAW FC

what does criminal law set out

sets out the types of behaviour which are forbidden at risk of punishment

criminal law creates…

creates criminal offences and punishes those who commit them

A person who commits a crime is said to….

have offended against the state and so the state has the right to

Criminal laws attract the attention of who?

the criminal justice service (CJS) 

What does the CJS include?

the police, CPS, criminal courts, His majesty’s prison and probation service, the national offender management service

who brings the case to court in criminal law and against who

the CPS brings the case on behalf of the state against the defendant

who prosecutes who in criminal law

the crown prosecutes the defendant

Is it possible for a victim to bring a private prosecution and why may they do this?

Although it’s very rare, it’s possible for a victim to bring their private prosecution if the state doesn’t take proceedings. 

What are the purposes of criminal law?

• About protecting society. The aim is punishment, deterrence and keeping order within society. 

• Ensuring the safety of the community and public 

• Providing justice and fairness to victims and families  

Purposes of criminal law -

• About p….. s……y. The a…. is p….t, deterrence and k…… order within s….. 

• E….. the s….. of the community and p….. 

• Providing j…. and f….s to v…… and families  

• About protecting society. The aim is punishment, deterrence and keeping order within society. 

• Ensuring the safety of the community and public 

• Providing justice and fairness to victims and families  

is there high or low burden of proof for cl

there’s high standard

why is there a high standard of burden of proof

because criminal courts have the right to punish those who break criminal law

what’s the burden of proof in cl

Cps have to prove beyond reasonable doubt

what does proving beyond reasonable doubt mean

the jury or magistrates must be sure/certain before convicting someone because there’s serious consequences

what courts do criminal cases start

in the magistrates court

what courts deal wirh less serious offences and whos involved

magistrates court and magitsrates are involved

who are the decision makers and what do they decide in the magistrates court 

its the magistrates who decide the sentence. 

what courts deal with more serious offences and who are involved there 

crown court, where a jury and judge are involved 

what happens if the prosecution loses

the defenddant is aquitted and no punishment is served/enforced

which categories does criminal law fit into 

substantive and public 

who are the decision makers and what do they decide in the crown court 

its the jury who decides guilt and the judge who decides the sentence. 

what is the final verdict outcome in criminal law?

guilty or not guilty 

what happens if the prosecution wins

the defendant is then convicted and sentenced

The c………. have a r….. of s….. they can u….

These include - i….., u… hours of w….., a f…., c….. order. 

The courts have a range of sentences they can use. These include - imprisonment, unpaid hours of work, a fine, community order. 

What’s the purpose of civil law?

Exists to sort out private disputes between individuals, groups, business, organisations  

whats the aim of civil law

• is to put things right , not to punish

• aims to compensate those whose rights have been violated.

civil laws create…

rights that are enforceable between private individuals.

Civil laws create rights that are enforceable between private individuals, this means what?

means that enforcement agencies like police don’t get involved in these laws.

who are the parties involved?

the person bringing the case is the claimant and person defending is the defendant

whats the burden of proof in civil law

its based on balance of probabilties

is the burden of proof in civil law high or low standard

lower stnarad

what does based on the balance of probabilities mean

the judge thinks its more likely than not, 51% v 49% then the claimant wins

where are civil disputes usually heard for smaller claims

county court

where are civil disputes heard for bigger and more serous claims

high court

who are the decision makers in civil caswes

the judge alone, rare cases can have a jurt eg defamation

what is the outcome of a civil case

the defendant is either found liable or not liable

if defednat is found liable what does that mean

that the court agrees with the claimant in terms that the defednant is repsoinsbible for the hurt, damage, loss or breach claimed

if defendant is found liable what happens after

judge will order a remedy such as compensation, injunction or specific performance

what does it mean if defendant is found not liable

means defendant’s case has not been proven on balance of probabilities , therefore defendant doesn’t have to take any action