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Chapter 1 Structure of the legal system

1 Distinction between criminal and civil law

1.1 Civil law

Who brings the action?

Claimant (plaintiff) against Defendant.

E.g. Brown v Jones

Burden & standard of proof?

Claimant must prove liability on 'balance of probabilities'

Where is action heard?

Small claims, County & High Court

Who decides liability/remedy?

Usually Judge alone

Remedy?Compensation. E.g. damages

1.2 Criminal law

Who brings the action?

Prosecution (Regina) against Accused.

E.g. R v Smith

Burden & standard of proof?

Prosecution must prove guilt ‘beyond reasonable doubt’

Where is action heard?

Magistrates & Crown Court

Who decides guilt/sentence?

Magistrates/Judge/Jury

Sentence?

Fine/Imprisonment/Community order