OBJECTIVES To describe the main aims of criminal law To describe the main aims of civil law To identify and discuss the main differences between the two areas

Criminal Law Criminal laws passed in order to ensure citizens know the boundaries of their ‘acceptable’ conduct What most non lawyers refer to when they say “…it’s against the law.” Infringement is viewed as a wrong against society as a whole If the boundaries are exceeded (and wrongdoer is caught), wrongdoer will be prosecuted and punished by the state What type of punishments?

Civil Law Concerned with the rights and duties of the individual Law that governs our normal, everyday conduct A civil case normally seeks a remedy – damages, injunctions, specific performance etc Concerned with individual/company v individual/company

Terminology In both civil and criminal – people or organisations involved in cases are called ‘parties’ or ‘litigants’ Case is referred to as names separated by ‘v’’ Civil Wronged individual starts a court action himself He is the claimant and the person he is suing is the defendant The burden of proof is on the claimant to prove his case against the defendant

He must meet the standard of proof to prove that the defendant wronged him in the manner which he alleged The balance of probabilities – 51% If C wins the case then D is liable to compensate him Most common remedy in civil law is damages Specified sum of money that must be awarded in any case which is decided in favour of C Other remedies, known as equitable remedies: Injunction Specific performance Recission Rectification

Criminal Criminal law cases are started by the prosecution Prosecution is a combination of the police and the Crown Prosecution Service (CPS) All prosecutions brought in the name of the crown – R for Regina/Rex Person accused of the crime is known as the accused or more commonly the defendant (D) Where under 18 (or for some other reason why ID might need to be protected), only referred to by their first initial – R v R and G (2003)

Burden of proof is on the prosecution Standard of proof is beyond reasonable doubt If D found guilty of criminal offence, he is sentenced to a punishment

CharacteristicCriminal LawCivil Law Aim How action started Parties known as Burden of proof Standard of proof Venue for hearing Outcome Remedy Using the headings below, compile a table to illustrate the differences between civil and criminal law

CharacteristicCriminal LawCivil Law AimPunish wrongdoers for offences against society as whole Regulate relationships between individuals – rights and duties in particular circumstances How action startedPolice and CPS bring prosecution in the name of the Crown Individual or organisation sues another individual or organisation Parties known asProsecution v Defendant (Appellant) Claimant v Defendant (Appellant v Respondent) Burden of proofCrown or appellantClaimant or appellant Standard of proofBeyond reasonable doubtBalance of probabilities Venue for hearingMagistrates’ Court or Crown Court County Court or High Court OutcomeConviction or acquittalLiable or not liable RemedySentenced to a punishment imposed by state Damages and/or equitable remedy