Worked example 1
Distinguish criminal law from civil law, using examples. [10 marks]
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Purpose: Criminal law aims to punish offenders and protect society; it concerns offences against the state. Civil law aims to resolve disputes between private individuals or entities and provide remedies, usually compensation.
Parties: In criminal law, the case is brought by the state (usually the Crown Prosecution Service, CPS) against a defendant. In civil law, a claimant sues a defendant.
Courts: Criminal cases are heard in the Magistrates' Court and Crown Court. Civil cases are heard in the County Court and High Court.
Standard of Proof: The prosecution in a criminal case must prove guilt 'beyond a reasonable doubt'. The claimant in a civil case must prove their case 'on the balance of probabilities'.
Outcome: A guilty defendant in a criminal case is convicted and sentenced (e.g., imprisonment, fine, community order). A liable defendant in a civil case is ordered to pay a remedy (e.g., damages, injunction).
Example: A drunk driver causing a crash could face a criminal prosecution for dangerous driving. The victim could also bring a civil claim in negligence against the driver for personal injury and damage to their car.