Introduction to Law Mark Hage Please Add to your notes Ask questions ONLY when prompted

AQA Law AS Law Making & the Legal System Exam 23 rd May Fri am 1hr 30min exam, 100 marks Introduction and then 3 topics to study Precedent Statutory Interpretation Criminal Courts, Magistrates and Juries The Concepts of Liability Exam 2 nd June Mon am 1hr 30min exam, 100 marks 2 topics Criminal Law and sentencing The law of Contract and damages

Law International National Public law Private law(civil law) Constitutional Contract Tort Family Company Administrative Criminal The English Legal System

Public law Constitutional - the method of government,who entitled to vote,election procedure. Administrative - how councils operate,control of Ministers of State. Criminal - types of behaviour forbidden by society.You offend against the State.

Private law(civil) Contract - you buy a new car and the engine is faulty - you pay for a 5* hotel and you get a 3* one. Tort - child injured in car crash(negligence) family affected by noise & dust from a new factory(nuisance) - Jade complains about a newspaper article that has affected her reputation(defamation) Family - divorce contact adoption

Differences between Civil & Criminal law Civil CaseCriminal Case Purpose of the lawUphold individual rightsMaintain law & order; protect society Person Starting the caseIndividual whose rights have been affected State Legal name for partiesClaimant & DefendantProsecution and Defendant Courts hearing the caseCounty or High courtMagistrates or Crown Court Standard of proofBalance of probabilityBeyond reasonable doubt Burden of ProofOn the ClaimantOn the Prosecution Person/s making decisionJudge/sMagistrates or Jury DecisionLiable or not liableGuilty or Not Guilty Powers of courtDamages, injunction, Specific performance Prison, fine, Community order

It is important to note that civil law is very different to criminal law Civil law is called private law because …………. The issues it deals with are between individuals Criminal law is called public law because……….. Crime is regarded as an action against the state and society as a whole The two types of law have different aims and are dealt with in different courts

CRIMINAL CASES Purpose and aim of the law - maintain law & order protect society Who starts the case? - State through the police & CPS Courts hearing cases - Magistrates Court Crown Court Who makes the decision ? - Magistrates OR Jury Decision - Guilty or not guilty Powers of the court - Prison fine probation curfew order

CIVIL CASES Purpose - uphold rights of individuals Who starts case? - individual whose rights have been affected Courts hearing cases - County Court or High Court or Tribunal Person making decision? - Judge very rarely a jury Decision - liable or not liable Powers of the court - an award of damages(money) injunction

How the courts work- 4 areas you need to learn 1.Most cases have a pretrial hearing. All this means is the judge and all the parties involved will meet to organise the actual trial and anything else related to it. 2.The parties then attend the actual trial. This is where all the evidence is heard by the judge and in some cases a jury. These are known as courts of first instance. 3.A judge or jury will decide the outcome of the case normally at the trial. 4.If the losing party/defendant disagree with any part of the trial outcome, including the final penalty, then they can appeal to a higher court to try and change the outcome.

The Criminal & Civil Courts Criminal Courts Magistrates - all criminal cases start here 2.Crown Court 3.Divisional court of the Queens Bench Division - High Court 4.Court of Appeal - Criminal Division 5.The Supreme Court Civil Courts County Court 2.High Court 3.Court of Appeal - Civil division 4.The Supreme Court