Civil and criminal law and the development of English law

Overview

Recall questions on the differences between civil and criminal law in parties, standard of proof, outcomes and courts, including the civil and criminal appeal routes, and on the development of English law through custom, common law, precedent and statute.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the key distinction between civil law and criminal law?

   Model answer

   Civil law governs disputes between private parties, whereas criminal law governs conduct that the state prohibits and punishes as offences against society.

2. 2

   What is the role of the defendant in civil proceedings?

   Model answer

   The defendant responds to the claim brought by the claimant.

3. 3

   Why are there two different courts (Magistrates' Court and Crown Court) for hearing criminal cases at first instance?

   Model answer

   The Magistrates' Court handles less serious (summary) offences and initial proceedings, while the Crown Court deals with more serious (indictable) offences and cases committed from the Magistrates' Court for trial or sentencing.

4. 4

   Who initiates proceedings in a civil case?

   Model answer

   The claimant initiates the action.

5. 5

   What standard of proof applies in civil cases?

   Model answer

   The balance of probabilities.

6. 6

   Name three remedies that may be awarded in civil proceedings.

   Model answer

   Damages, injunctions, and specific performance.

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