Difference between criminal and civil law Learning Objectives

Difference between criminal and civil law Learning Objectives • Describe the difference between criminal and civil law and identify key features • Explain the keywords standard of proof and burden of proof and distinguish the difference • S&C: Explain the different purposes of civil and criminal law Starter: Read your partner’s case note homework. Is it a civil or criminal case? Which court?

Homework: • Revise all content for a test next lesson • Purchase folders (dividers etc) • Purchase core textbook

Categories of Law International National Public law (re the State) Constitutional (re national government) Administrative (re local government) Private law (civil law) Criminal (crimes are against the State) Contract Tort (civil (basis of wrongs: business negligent & damage, consumer trespass, law) nuisance) Family (marriage, divorce, children) Company Labour Equity Land etc….

1) Copy and complete the table using the information given. S& C: Explain the terms burden of proof and standard of proof in your own words. Why do you think the standard of proof is higher in criminal cases than civil cases? Civil Cases Purpose of the law Person stating the case Legal name for that person Courts hearing cases Standard of Proof Person/s making the decision Decision Powers of the court Criminal Cases

Civil Cases Criminal Cases Purpose of the law To uphold the rights of the individual To maintain law and order; to protect society Person stating the case The individual whose rights have been affected Usually the State through the Crown Prosecution Service Legal name for that person Claimant Prosecutor Courts hearing cases County court or High Court. Some cases dealt with in tribunals Magistrates’ Court or Crown Court Standard of Proof The balance of probability Beyond reasonable doubt Person/s making the decision Judge. Very rarely a jury Magistrates in Magistrates’ Courts or A judge and Jury in the Crown Court Decision Liable or not liable Guilty (convicted) or not guilty (acquitted) Powers of the court Usually an award of damages, also possible: injunction, specific performance of a contract, rescission or rectification Prison, community sentence, fine, discharge, driving ban

Standard of proof: Burden of proof: The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil) The side who bears the burden of proving that the standard of proof has been met

Criminal Cases: Standard of proof: Beyond reasonable doubt Burden of proof: Prosecution Civil Cases: Standard of proof: Balance of probabilities Burden of proof: Claimant

Why is the standard of proof higher in criminal cases?

Quick Quiz! 1) 2) 3) 4) 5) What is the purpose of the civil law? Which two courts try civil cases? What is the purpose of the criminal law? Which two courts try criminal cases? What is meant by ‘double liability? ’

Human Rights and the English Legal System Learning Objectives • Describe the relationship between the Human Rights Act 1998 and the European Convention on Human Rights • Analyse which human rights you think are important and consider examples of how human rights laws can be effective • S&C: How do you think the European Convention on Human Rights has affected the English Legal System?

Human Rights • The Human Rights Act 1998 incorporated the European Convention on Human Rights into our law. • Important as it affected many areas of English Legal System. • If you could create a list of rights that you think are fundamental to any Human Being what would that list include? Write them in the manner of the “The right to …” • You can have 8. 11

The ECHR Articles • • • • • Article 1 – Respecting rights Article 2 – The right to life Article 3 – The right of freedom from torture Article 4 – The right of freedom from slavery Article 5 – The right to liberty Article 6 – The right to a fair trial Article 7 – The right not to be punished except according to law Article 8 – The right to privacy for private and family life Article 9 – The right to freedom of thought, conscience and religion Article 10 – The right to freedom of expression Article 11 – The right of freedom of association Article 12 – The right to marriage Article 13 – The right to effective remedy Article 14 – The right to freedom from discrimination Article 15 – The right to derogation Article 16 – The right to restrict the political activity of aliens Article 17 – The right to freedom from abuse of the rights of the convention Article 18 – Permitted restrictions 12

Pause for Thought • Article 14 states that individuals have a right to freedom from discrimination. • In your groups work out what forms of discrimination this article should cover. A group will cover too many, another group not enough and a third will discuss that the law has it just right and why there should not be more or less. • You have 10 minutes and then we will have a discussion on the three possible outcomes. 13

Effect on English Law • Before the HRA 1998 a person would have to complain to the ECHR. • If the UK found in breach it did not have to do anything if it did not want to. • But now since HRA people can rely on these rights through our courts. • Also some changes to our legal system to incorporate these rights. As you see some of the main changes see if you can distinguish which articles the area of law deals with: 14

Effect on English Law • Civil Cases – appeal for small claims where non existed before. • Criminal trials – Children being tried in Crown Court were not to be treated like adults and court procedure changed to make process less formal. • Sentencing – Minimum tariffs used to be set by the Home Secretary, now set by judges. • Judicial appointment – Changed from 3 years to 5 years (shorter periods made judges less independent from government). 15

Effects on the sources of law • Acts of Parliament – Must now have a statement to say they comply with the HCR • Precedent – Our courts must take into account any judgement or decision by the ECHR. Judges must look at our own case law and that of the ECHR. • Statutory interpretation – If an act has wording that conflicts with domestic law and the law of the ECHR then it is the one closest to the ECHR that has to be taken. 16

European Law • Joined EU in 1973 • Since then EU has an effect on our law – especially in trade, work, employment and equality. • European Union Treaties – automatically part of our law • Regulations – binding in every respect and directly applicable to each Member State. Do not need to be ‘adopted’ • Directives – as for regulations they are binding and are an attempt to even out laws of Member States but need to be ‘adopted’ by each Member State. • European Court of Justice – – Role to ensure EU law applied in all member states Can hear cases from individual courts in member states Decisions binding in all member states 17

Plenary • Individually decide if you think that the UK is better or worse off because of EU membership. (2 minutes) • Share your thoughts with the person next to you and discuss why you think you are right. (1 minute) • On your table come up with a group consensus. (1 minute) • Vote (Whole Class) 18