AQA A-level Law for Year 1/AS: 1.3 Criminal and Civil Law Revision Flashcards

Flashcards made using information from AQA A-level Law for Year 1/AS (2017) by Jacqueline Martin; Nicholas Price, and supplemented with my own research. Anyone using these flashcards should remember they're made by an 1st year STUDENT and not a qualified teacher.

Purpose of Criminal Law

To maintain law and order, and protect society.

Purpose of Civil Law

To uphold the rights of individuals

Initiating Party in Criminal Law

Usually the state through the Crown Prosecution Service

Initiating Party in Civil Law

The individual whose rights have been affected.

Magistrates’ Court Cases

Minor summary offences, such as common assault, battery or shoplifting. Also, preliminary hearings for major crimes.

Crown Court Cases

Serious indictable offences, such as murder or theft.

County Court Cases

Lower value claims, such as:

Small claims (<£10,000)

Fast-tracked cases (~£10,000 - £25,000)

Standard of Proof for Criminal Law

Must be proven “beyond reasonable doubt.”

Standard of Proof for Civil Law

Need only be proven on “the balance of probabilities.”

Magistrates

Panel of trained, un-paid members of the local community.

Masters / ICC Judges

Based in London; manage pre-trial stages of complex High Court cases, handle applications, and decide cases with lower financial values.

District Judges: Courts and Cases

• Magistrates' Courts—handling minor summary offences, such as common assault, battery or shoplifting.

• County Courts—handling small claims (<£10,000) and fast-tracked cases (~£10,000 - £25,000)

Circuit Judges: Courts and Cases

• Crown Courts—handling majority of cases; mid-level criminal trials, e.g. serious assaults and robberies

• County Courts—handling multi-track cases (≈ > £25,000); appeals against decisions made by District Judges.

High Court Judges: Courts and Cases

Crown Courts—most grave and complex cases, such as murder, treason, and sexual violence.

High Courts—most important civil trials, multi-million pound claims, and complex judicial reviews

FOUR Penalties in Criminal Law

1. Custodial prison sentence

2. Community service sentence

3. Fine

4. Disqualification from driving (for relevant cases)

Penalties in Civil Law

• Damages—compensation.

• Injunction

• Specific performance of a contract

Injunction

A court order that requires the defendant to do or refrain from doing specific acts.

Specific Performance of Contract

A court order to the defendant who broke a contract to complete that contract.

Criminal Law Verdicts

guilty/not guilty (convicted/acquitted)

Civil Law Verdicts

liable/not liable