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Class notes

Criminal and Civil Law

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Class notes on Criminal and Civil Law

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  • March 30, 2022
  • 1
  • 2021/2022
  • Class notes
  • Michelle
  • All classes
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Criminal and Civil law
Comparison Criminal Civil Law
s law
Is about the State and individuals Individuals
interactions between…
The aim and purpose is Maintain law and order Uphold the rights of
to… and protect society individuals
Who starts the case? The state through the The individual whose
police or crown rights have been
prosecution service affected
The legal name for that The prosecutor The claimant
person is…
Where are the cases Magistrates and crown Country and high court
heard… court
The standard of proof Beyond all reasonable On the balance of
needed in the case… doubt probabilities
The outcome (Verdict) Guilty or not guilty Liable or not liable
in a trial is…
The powers of the court The magistrates/ judge Can award
are… decides the sentence compensation and the
including prison, fines judge decides how
and community orders much
Examples of offences Rape, murder, and Divorce, custody, and
are… theft inheritance


Can a suspect be tried in criminal court and civil court for the same
crime?
Yes, it happens quite frequently – the crown will bring criminal proceedings
against a suspect who has broken the law, to seek a punishment for the
wrongdoing.
The victim or the family of the victim may also file a civil lawsuit to gain
compensation.
Can you be found guilty in one court, and innocent in the other?
Yes – the decisions which have been made in one court play no other part in
the case for the other.

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