Criminal & Civil Law

Card Set Information

Author:
Anonymous
ID:
17194
Filename:
Criminal & Civil Law
Updated:
2010-05-02 04:07:21
Tags:
Victorian Criminal Civil Law
Folders:

Description:
Victorian Criminal & Civil Law
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  1. Define "Law"
    (Criminal & Civil Law)
    • An obligatory Rule of Conduct
    • to which Sanctions Attach
    • created by an Accepted Authority
    • within Society
  2. 4 Types of Law
    • Statute Law
    • Common Law
    • Criminal Law
    • Civil Law
  3. Statute Law =
    Common Law =
    Criminal Law =
    Civil Law =
    • Statute Law = Act of Parliament
    • Common Law = Judge Made
    • Criminal Law = Crimes / Offences = Fines / Imprisonment
    • Civil Law = Between Individuals, dameages / compensation etc
  4. Define "Criminal Law"
    • Criminal Law:
    • is that branch of law which penalises certain conduct
    • referred to as crimes or offences by way of a fine,
    • imprisonment or probation orders etc
  5. Parties to Criminal Proceedings:
    (Criminal Law)
    • I - Informant - police (me)
    • P - Prosecutor - Official presenting for the Crown (our lawyer)
    • A - Accused - Crook / Defendant
    • C - Councel for Defence - Defendant / Accused Lawyer
    • C - Complainant - Victim (can be witness)
    • C - Corroborator - Police Witness (police / partner)
  6. Standard of Proof
    needed in Criminal Law
    "Beyond Reasonable Doubt"
  7. Initiating Criminal Proceedings?
    (Criminal Law)
    • Victim of crime reports to Police
    • Police investigate to establish what, if any, crime committed
    • Seek evidence to prosecute offender
  8. Define "Civil Law"
    • Civial Law:
    • Regulates conduct between private individuals
    • providing a remedy for breaches of those
    • Rules of Conduct
  9. Aim of the Court?
    (Civil Law)
    • "To Restore the individual to the position he
    • enjoyed prior to suffering the particular
    • injury or damage complained of"
  10. Parties to a Civil Action
    (Civil Law)
    • Plaintiff - Person suing
    • Defendant - Person being sued
  11. What is the Standard of Proof?
    (Civil Law)
    "on the balance of probability"

    (his version of the facts are more probable than not)
  12. How many Jury to convict in Murder Trial?
    (Criminal Law - Jury Trials)
    12 / 12
  13. How many Jury to convict in other Trial?
    (not murder)
    (Criminal Law - Jury Trials)
    11 / 12

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