ACCA F4 Law notes 2
Law
Criminal Law
Civil Law
Crime committed against the state
Sets rights & Duties of people between themselves
Must prove guilt
Must show liability
Guilt must shown to be beyond reasonable doubt
Liability shown on the balance of probabilities
Regulates society by threat of punishment
Rights the financial position so that no wrong had occurred
Fine, imprisonment, community service.
Damages or other remedies (specific performance/injunction )
Sources of Law
Law
Case Law (follow earlier decisions) Legislation
Common Law Equity Direct Indirect
-only remedy damages -flexible
-inflexible -introduced remedies
-introduced precedent such as injunctions &
-developed by local customs specific performances. -developed as an appeal to remedy injustices of common law. -prevails common law.
Courts
House of Lords
5 law lords hear Court of Appeal appeals & occasionally High Court appeals.
Court of Appeal
3 lord Justices of appeal hear appeals from both courts.
County Court High Court of Justice - Civil claims: contract, tort, landlord & tenant, probate & insolvency - A district judge hears small claims. Informal & no costs awarded. Queens bench - A circuit judge hears fast track & division first instance some multi-track cases. contract & tort. First instance a high Family division court judge. matrimonial cases Chancery division Land law, trusts, company & partnership law. Appeals County Court.
Magistrates' Court
European Court of Justice (ECJ)
European Court of Human Rights (ECtHR)
Jurisdiction is mainly criminal, but does have civil jurisdiction in family matters such as contact
Criminal Law
Civil Law
Crime committed against the state
Sets rights & Duties of people between themselves
Must prove guilt
Must show liability
Guilt must shown to be beyond reasonable doubt
Liability shown on the balance of probabilities
Regulates society by threat of punishment
Rights the financial position so that no wrong had occurred
Fine, imprisonment, community service.
Damages or other remedies (specific performance/injunction )
Sources of Law
Law
Case Law (follow earlier decisions) Legislation
Common Law Equity Direct Indirect
-only remedy damages -flexible
-inflexible -introduced remedies
-introduced precedent such as injunctions &
-developed by local customs specific performances. -developed as an appeal to remedy injustices of common law. -prevails common law.
Courts
House of Lords
5 law lords hear Court of Appeal appeals & occasionally High Court appeals.
Court of Appeal
3 lord Justices of appeal hear appeals from both courts.
County Court High Court of Justice - Civil claims: contract, tort, landlord & tenant, probate & insolvency - A district judge hears small claims. Informal & no costs awarded. Queens bench - A circuit judge hears fast track & division first instance some multi-track cases. contract & tort. First instance a high Family division court judge. matrimonial cases Chancery division Land law, trusts, company & partnership law. Appeals County Court.
Magistrates' Court
European Court of Justice (ECJ)
European Court of Human Rights (ECtHR)
Jurisdiction is mainly criminal, but does have civil jurisdiction in family matters such as contact