2. What is Civil Law? What is Criminal Law?

3. Civil Law deals with rights and duties of one individual towards another  A trader will usually want to keep you happy as a customer, but if there is a dispute and the trader refuses to give you compensation or a refund, and you feel you are entitled to it, you may have to take it further. You would resort to Civil Law.

4. CIVIL LAW  If you, as individual, have experienced a loss because someone else has either broken a legally binding promise or is behaving in an unreasonable way towards you it would be a civil case.  You would normally SUE them. You would sue them in the Small Claims Court division of the County Court. If it is very serious and likely to involve a lot of money in damages you would sue them in the full County Court

5. Civil Law  Your route would usually be to the SMALL CLAIMS DIVISION of the County Court but if the case was very complicated it might go to the full County Court.  If you won you would be awarded DAMAGES which the court would order the trader to pay you. The damages might be a refund to cover replacing the item and compensation for any additional expenses you have had.

6. Civil law deals with rights and duties of one individual towards another Some examples:  A clothes catalogue company failed to deliver your order after you had paid extra for delivery on a specified date in time for a party  A computer doesn’t work properly when you get it home  Your hair was not dyed the colour the hairdresser showed you  A bike repair was not done properly and the repairer refuses to do it again

7. CRIMINAL LAW  If someone breaking the law is seen as a threat to society, it would be a criminal offence and he/she would be prosecuted in a Magistrates’ Court or if it is very serious in the Crown Court. The punishment if guilty might be a fine, probation, community service or imprisonment.

8. Examples of how the consumer is protected by Criminal Law  CONSUMER PROTECTION ACT - ensuring goods are safe to be used. Some examples …  Coloured pencils should not have lead paint in them  A vacuum cleaner should be wired up correctly and have a plug fitted  A toaster should be adequately insulated to prevent burns  Toys should not have sharp edges  You shouldn’t be able to pull the eyes out of your teddy bear

9. Consumer Protection from Unfair Trading Regulations 2008  Sellers must not trade unfairly.  A seller may be trading unfairly if, in an attempt to get you to buy his products, he gives misleading information about them; leave out or hides important information; or uses bullying or aggressive selling tactics. Some examples:  You buy a mobile phone, but the seller fails to tell you it is second hand.  You buy some “Genuine Leather” trainers which turn out to be plastic.  Your Grandad has a visit from a salesman to who tells him if he does not buy a mobility scooter, the salesman will loose his job.  A football shirt is on sale at “£12 for one day only”, when it is really on sale all of the time.

10. Weights and Measures Act  It is an offence to give incorrect weight or to mark goods with the wrong indication of their amount  It is an offence for petrol pumps to give an incorrect measure.

11. If a trader treats you badly they could end up in court twice “The shop was found guilty of selling me an unsafe bike and fined thousands of pounds. But I still haven’t got my money back”

12. Just because a shop or manufacturer has been found guilty under the criminal law you personally will not usually be awarded any damages by the criminal court. You would have to take up your own individual case yourself in the civil courts, or you could get a solicitor to help you do that.

13. .. deals with rights and duties of one individual towards another.. if someone breaking the law is seen as a threat to society, it would be a criminal offence and he/she would be prosecuted in a Magistrates’ Court Civil Law Criminal Law