Smart Law Resources Learning about the law Learning
Smart. Law Resources ● Learning about the law
Learning about the law Lesson objectives • Share what you already know about the law • Know the job descriptions of people involved in the law • Understand the difference between civil and criminal law
Learning about the law What do you know about the law? Why do we have laws? • • • Protection Common Rules Guidelines Who makes the law? • • • Parliament Judges Society Who applies the law? • • Courts Judges Police Individuals How does the law affect your life? • • Age limits Privacy Family life Education So, what do you want to know about the law?
Learning about the law
Learning about the law What is a crime? An act that is prohibited by the criminal law and can result in a punishment. What is criminal law? A body of rules that defines behaviour that is banned because it threatens and harms public safety. The rules also establish the punishment if the acts are carried out.
Learning about the law Civil Law Some things are still offences, even though they are not crimes. These are known as Civil offences. Here are some examples: • Breaking a contract • Unfair dismissal • Trespass • Unequal pay • Divorce settlements • Rent disputes Here are some important differences between civil and criminal law: • Instead of going to prison or being fined, the remedy in civil cases is usually damages (money to compensate loss) • In a criminal case, the two parties are the government and the “defendant” (person accused of the crime) • A civil case is brought by private parties (called the claimant and defendant) • For someone to be found guilty of a crime, guilt must be proved “beyond reasonable doubt”. In civil cases, the claimant must prove their case “on the balance of probabilities”. Which do you think is harder to prove? • Civil and criminal cases are often heard by different courts
Learning about the law You are now going to see a range of different acts. You need to decide if the act is Crime or No Crime ?
Learning about the law Crime or No Crime ? Killing someone could be murder or manslaughter. The maximum sentence for murder is a mandatory life sentence; manslaughter carries a maximum sentence of life imprisonment. CRIME
Learning about the law Crime or No Crime ? Breaking a contract You can be sued for damages (money) for breaching a contract, but it is not a criminal offence! NO CRIME
Learning about the law Crime or No Crime ? Cheating on Someone Adultery has never been a criminal offence in England. NO CRIME
Learning about the law Crime or No Crime ? Insulting someone on Twitter If the insult is threatening or grossly offensive it will be a criminal offence. What matters is how a reasonable person would interpret the insult. BOTH …he looks like a right…
Learning about the law Crime or No Crime ? Unfairly dismissing someone from their job This is an employment law issue, not a criminal offence. NO CRIME
Learning about the law Crime or No Crime ? Carrying a weapon Carrying an offensive weapon is illegal under the Prevention of Crime Act 1953. CRIME
Learning about the law Crime or No Crime ? Swapping the price tags in a shop As soon as you switch the tags, it is a crime because you intend to dishonestly pay the wrong price for your goods and you have interfered with the owner’s rights. CRIME
Learning about the law Crime or No Crime ? Failing to save a stranger drowning in a river You have no legal duty to save a drowning person unless you have a close relationship or it is your professional duty (e. g. because you are a lifeguard). NO CRIME
Learning about the law Crime or No Crime ? Trespassing on private land to take a shortcut Even though you may have seen signs that say ‘trespassers will be prosecuted’, this type of trespass is not a crime. NO CRIME
Learning about the law Crime or No Crime ? Biting someone during a football game If your physical behaviour is outside of what could be reasonably expected in the normal rules of the game (e. g. biting in football), it could be considered an offence against the person. CRIME
Learning about the law This diagram shows a simplification of the hierarchy of courts in England Wales Supreme Court Civil and criminal cases Court of Appeal Criminal and civil cases High Court Civil cases Criminal justice system: Yellow Civil system: blue Both: Orange Crown Court Criminal cases County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Crown Court County courts hear trials for most civil cases County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Magistrates are volunteers who don’t need legal qualifications. Magistrates’ courts hear trials for less serious criminal offences, and some civil cases. Crown Court County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Crown courts hear trials for more serious criminal offences, and appeals from Magistrates’ courts. County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Crown Court The High Court hears appeals from different courts. County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Crown Court The Court of Appeal only hears appeals on points of law. It hears criminal and civil appeals. County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Supreme Court of Appeal High Court Crown Court The Supreme Court hears final appeals on points of law. It can hear criminal and civil appeals. County Court Most civil cases Magistrates’ Court Trial for most criminal offences Some civil matters
Learning about the law Test your knowledge! Complete the quiz in pairs to test your knowledge about civil and criminal law.
Learning about the law Criminal or Civil? The answers… A. Someone B. A bus C. You buy an D. You download a lot deliberately takes something from a shop without paying for it. shelter is smashed and covered in graffiti. MP 3 player that stops working after two weeks. of music from the internet without paying. Criminal law – theft is an offence. Criminal law – criminal damage is an offence. Civil law – consumers generally have the right to a refund if they purchase something that is not of satisfactory quality. Criminal and civil law – breach of copyright is a criminal offence. It also becomes a civil matter if the owner of the copyright tries to obtain compensation for the losses that they have suffered.
Learning about the law Criminal or Civil? The answers… E. Your neighbours F. You apply for G. You’re in a hurry, H. A married play loud music at night, which stops you from sleeping. a part-time job, but are turned down. You believe it is because of your ethnicity. and take a short cut across what you know is private land. couple split up and can’t agree who will look after their child. Criminal and civil law – Noise abatement is a civil matter and can lead to claims for compensation. It can also be a criminal offence and prosecution can lead to fines or forfeiture of the noisemaking equipment. Civil law – Unlawful discrimination is a civil matter. Civil law – Despite notices saying ‘trespassers will be prosecuted’, this type of trespass is invariably not a criminal offence if it belongs to private individuals. Civil law – In this case, a court would decide on the arrangements that would be in the best interests of the child.
Learning about the law Plenary • What surprised you the most from what we’ve discussed today? • Are there any laws or ideas that you have particularly disagreed with?
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