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 Lending and borrowing money |
 Entering into contracts |
 Disputes with neighbours |
 Getting married |
Criminal Law
Criminal offences are regarded as offences against society
It deals with such matters such as:
 |
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Murder
& Stealing |
Assault
& Rape |
The Distictions between Criminal and Civil Cases
| Civil Cases | Criminal Cases | |
| The aim or purpose of the law is: | To uphold the rights of individuals | a) To maintain law and order |
| The cases are dealt with in different courts | County Court High Court |
Magistrates' Court Crown Court |
| Who starts the case | The individual whose rights have been affected | Usually the state through the police or the Crown Prosecution Service |
| The legal name for that person | The Claiment | The Prosecuter |
| The standard of proof | On the balance of probabilities | Beyond all reasonable doubt |
| The person making the decision | The judge | a) Magistrates or b) Jury |
| The decision | Liable or Not liable |
Guilty or Not guilty |
| Powers of the court | Compensation | a) Prison b) Fine c) Community sentence d) Discharge |
Further Notes on Cilvil Law
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Most civil cases are dealt with in the County Court. The person who starts the case by taking action is known as the claimant and the person against whom the action is taken is known as the defendant. The claimant sues the defendant who will be found either ‘liable’ or ‘not liable.’ The standard of proof that the claimant has to prove is that on the balance of probabilities, (in other words that |
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is a 51% probability that) the defendant was in the wrong
or liable.
f he is found liable, the defendant is considered to be in the wrong and will usually have to pay damages usually a sum of money which acts as compensation. Important or more serious civil cases are held in the High Court. It deals with disputes involving large contracts and large claims for damages, usually in excess of £50,000. Almost all civil cases are held before a judge. |
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Further notes on Criminal Law
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All criminal cases are dealt with initially in the Magistrates’ Courts. About 97% of all (these) criminal cases are dealt with completely in the Magistrates’ Courts. The remaining 3% are transferred to the Crown Court. |
These cases usually involve more serious crimes like murder and rape. In a criminal case, the standard of proof that the prosecutor has to prove is that it is beyond all reasonable doubt (in other words that it is 99% certain) that the defendant committed the crime. Cases in the Magistrates’ Court, are usually heard by a panel of three magistrates, whilst cases in the Crown Court are heard in front of a judge and jury. |
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| Cases |
