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Introduction to Law Criminal and Civil Liability “Good people do not need laws to tell them to act responsibly, while bad people will find a way around.

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Presentation on theme: "Introduction to Law Criminal and Civil Liability “Good people do not need laws to tell them to act responsibly, while bad people will find a way around."— Presentation transcript:

1 Introduction to Law Criminal and Civil Liability “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” Plato

2 What is Law?  The collection of rules imposed by authority.  The principles and regulations established in a community by some authority and applicable to its people, recognized and enforced by judicial decision.  Law is a system of rules a society sets to maintain order.

3 Criminal Law Why do we have criminal law?  Think about what would happen if we didn’t!

4 Criminal Law  Criminal cases are investigated by the police.  The Crown Prosecution Service – CPS presents the case in court.  The main criminal courts are the Magistrates and Crown Courts.

5 Criminal Law  Criminal cases are usually written like this:  R v (Defendant’s surname)  E.g. R v Smith  R stands for Regina/Rex – the queen/king  The case is brought on behalf of the state.  The parties are known as the prosecution and the defendant.

6 Criminal Law  In criminal law, a person is prosecuted.  They may admit their crime straight away and plead guilty.  They will then be convicted and sentenced.  If they plead not guilty, there will be a trial.  They can be found guilty or not guilty.

7 Criminal Law  In criminal law, the prosecution has the burden of proof.  This means that it is up to the prosecution to prove that the defendant is guilty.  The defendant does not have to prove that they are innocent.  The prosecution must prove guilt to a high standard.  The standard of proof is ‘beyond reasonable doubt’.

8 Criminal Law  A defendant who is found not guilty is free to go.  A defendant who pleads guilty or is found guilty after a trial will be sentenced.  What type of sentences can you think of?

9 Civil Law  There are many different types of civil law.  These include tort, contract, family and employment law. Examples:  A passenger is injured in a car accident  A man has failed to pay his mortgage  A woman is injured by faulty machinery at work  A newspaper has written an untrue article about a celebrity  A customer has bought faulty goods from a shop

10 Negligence  Negligence is a ‘tort’ – this is a french word which means ‘civil wrong’.  A person is negligent in law if he acts carelessly towards someone, causing damage to that person or their property.

11 Negligence  Examples of negligence would include:  Accidents at work caused by bad supervision.  Careless advice from a bank manager causing someone to lose money.  Even something ordinary, such as a person not looking where he was going, bumping into something and causing damage.

12 Civil Process  In a civil case, the Claimant must bring a case against the Defendant(s).  Civil cases are mainly dealt with in the County Court and High Court.  The case name is made up of the surnames of both parties:  Smith (Claimant) v Jones (Defendant)

13 Civil Process  It is up to the claimant to prove their case – they have the burden of proof.  They must prove their case on the ‘balance of probabilities’ – this means that they must show that it is more likely than not that they are right – e.g. 51%.  This is the standard of proof.

14 Civil Process  If the claimant does not prove their case on the balance of probabilities – i.e. show that they are probably right, they lose.  If the case is not proven, the defendant is not liable.  If the claimant can prove that they are probably right, they win and the defendant is liable.  They may then have to pay damages to the claimant.

15 Damages?  Damages are a sum of money awarded in compensation.  Those injured by the actions of others may find that they are entitled to damages.  How much? How much?


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