Lecture notes
tmamarked
- Module
- Criminal Law (W111)
- Institution
- The Open University (OU)
Lecture notes of 3 pages for the course Criminal Law at OU (.)
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Trixie WhitehousePI : K3490384
W112 Civil Justice and Tort Law
TMA01
Q1.
Under civil law, there are various categories of law. Civil law can be considered an
umbrella term. People are subject to civil law every day: If you're reading this now,
you're subject to civil law, whether the power grid is subject to civil law or electrical
equipment is subject to civil law. Laws are the framework around which people
conduct themselves in society. They are categorised by the legal consequences
following a violation of the law. Criminal law differs from civil law when it is
categorised by the framework of rules that govern what people do in society.
Who decides whether criminal or civil proceedings are brought is one of the
differences between them. In criminal law, the actions are initiated by the prosecutor,
while in civil law, the plaintiff brings the actions. Criminal cases are brought by the
state on behalf of the Crown when someone is charged with a crime. The attorneys
who act on behalf of the state are called the prosecution. In England and Wales, the
Crown Prosecution Service (CPS) is responsible for bringing charges. A prosecution
is a state agency charged with establishing that the defendant committed a crime on
behalf of the state. An individual or party can go to court under civil law if they are
concerned. Usually the "claimant", "applicant" or "defendant", or both, will file the
action and the "respondent" will oppose it. Traditionally, a claimant may have been
referred to as the 'plaintiff' in older cases, but in recent cases the language has
changed.
It is important to recognise that there is also a difference in the outcome of the
proceedings that have taken place. Within criminal proceedings, offenders are often
fined or sent to prison. In contrast, civil proceedings often result in compensation
being paid, as well as other remedies, such as apologising for wrongdoings, which
can be negotiated as part of settlements. Obtaining an injunction or a specific
performance refers to being able to get something promised fulfilled, which prevents
another party from doing something.
Lastly, the terminology would be the main difference between criminal law and civil
law. The term 'criminal offence' is the right one to use when discussing crimes, as
well as claiming that a person is guilty if they commit a crime. But civil law
terminology describes a wrong as a civil wrong, which makes one liable for
committing a civil wrong.
In conclusion the overall differences that separates civil law from criminal law would
be the styles in which they are executed with the results being different due to the
level of the offence committed, crimes that have been committed such as murder are
likely to lead to a severe prison sentence where as defamation would result in
compensation. (The Open University (‘OU’), 2022a, 3.2).
Q2.
A) The issue is whether Francis can fly the flag amongst other flags, particularly
the flag of Birmingham.
Under the rule The flag (fictional) act 2021, in schedule 1 flags for which
consent is not required (exempt flags) c, “a flag of any island, country, district,
borough, burgh, parish, city, town or village within the United Kingdom;”
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