Professional Issues 1 (Law and Government)
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The area covered by a single legal system and set of laws
Civil Law vs Criminal Law
While the civil law defines what constitutes a crime and is prosecuted through the police/court, the purpose of the civil law is to provide rules for settling disputes between people (legal vs. natural person/s).
Burden of Proof / Standard of Proof
- In criminal law the prosecution must demonstrate and proof that the defendant is guilty beyon reasonable doubt. (assumed innocent until proved guilty)
- In civil law, however, the plaintiff only has to show that their claim is correct on the balance of probabilities.
Statute Law / Common Law
The common law is essentially traitional law that is not written down, but instead depends on the judgment of judges over the centuries (using past cases called precedents)
Statute Law is laid down by Acts of Parliament - the written Law.
Green Paper - White Paper - Bill - Act
- Initial Draft of a Law is published in the Green Paper and is dicussed in parliament. The second draft is called the white paper, which is published and open for further suggestions, but not discussed in parliament.
- The Bill is the official proposal of a Law to be checked through the House of Commons, then House of Lords. Once approved it becomes the Act of Parliament, which is then passed on to the Queen for approval, after which it becomes the law.
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