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Civil law Civil law concerns the rights and duties
that people or companies owe to each other.
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Civil Law
Key Points There is NO prosecution or punishment
in civil law. A person brings an action against another
and asks the court for a remedy (e.g. damages). The process of starting a civil law action is known as ‘suing’. The person starting the action is known as the ‘claimant’. The person being sued is known as the ‘defendant’.
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Criminal Law
Key Points The aim of criminal law is
to prosecute and punish the wrong-doer. The police conduct most
criminal investigations, The Crown Prosecution Service (CPS) brings most prosecutions. The Director of Public Prosecutions (DPP) heads the CPS. The person who is being prosecuted is known as the ‘defendant’.
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The main courts The main criminal courts are: The magistrates’
courts The Crown Court.
The main civil courts are: The county courts The
High Court.
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The burden of proof in criminal cases A person
can only be found guilty if the case is
proved beyond reasonable doubt. If there is reasonable doubt then the accused must be found ‘not guilty’. The defence does not have to prove that the defendant did not commit the crime. The burden of proof is on the prosecution.
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Criminal law Criminal law concerns behaviour that the state