Introduction to law
...de punishment for those who commit crimes or offences. The difference between these two categories are briefly defined in the table shown below which was taken from a handout given in class CRIMINAL LAW CIVIL LAW Concerns Offences against the state Disputes between private individuals Purpose of the action To preserve order in the community by punishing offenders and deterring others To remedy the wrong which has been suffered The parties A prosecutor prosecutes a defendant A plaintiff sues a defendant Where the action is heard The criminal courts i.e. magistrates’ court or Crown courts The civil court i.e. county court or High court Standard of proof The prosecutor must prove his case beyond a reasonable doubt The plaintiff must establish his case on the balance of probabilities Decision A defendant may be convicted if he is guilty and acquitted he is innocent A defendant may be found liable or not liable Sanctions Imprisonment, fine, probation, community service Damages, injunction, specific performance, rescission Examples Murder, theft, drunken driving, applying a false trade description to goods Contract, tort, trusts, property law The difference between criminal and civil law doesn’t depend on the act because the same act may give rise to both criminal and civil proceedings. An example of this could be a motorist jumping a red light causing an accident with a car which was acting within the law making its way down the road. Due to the accident the lady in the car suffered from head injuries and was hospitalized. The driver which caused this accident would be punished both by having to make payments towards the hospitalized if a civil claim brought by her is successful and he is held liable and the police for breaking the traffic law under the criminal law. Solicitors Solicitors are the first people that are approached with the problem. The type of work done by the solicitor and the amount of solicitors working depends on the size of the firm. A small firm is more likely to advice on family matters, housing or consumer problems. Barristers The barrister represents their client in court. A barrister is instructed by solicitors and is used of the solicitor feels the need to. Sources of law Common law and Equity There are two systems of law and equity. The distinction between these two systems can only be analyzed by looking back in history and understanding the beginning of English law. This can be traced back to 1066 when William of Normandy gained the crown of England by defeating King Harold of battle of Hastings. At the time rules and regulations known as local custom were enforced by local courts, and then were eventually drawn together to form the common law applied throughout the country. Common law has another meaning, which is linked to it. This is known as Equity a.k.a. fairness. Equity is a branch of law that has been made to deal with difficult cases in order to produce fair results. If conflicts arises equity prevails over common law. Statute law or legislation Statutes are also known as Acts of Parliament because it is law passed by the parliament. Because of matters that the UK government concerned itself with in the past legislation has become a major source of new legal rules. The court will always obey and apply an Act of Parliament even where it conflicts with the rules of common law and equity because they have recognized ...