1. The Purpose of Criminal and Civil Law
Date: Tuesday, 18 September 2018
The Purpose of Criminal and Civil Law
Learning Objectives
Describe the key differences between criminal and civil law
Explain the rationale for the differences
TIF: Critically analyse whether the criminal justice system achieves its aims
Starter: Read your partner’s case note homework. Is it a civil or criminal case? Which court? Did they use quality written language in their summary?
WWW: (what went well)
EBI: (Even better if) 10

2. Categories of Law
PRINT

3. Public law (re the State) Private law (civil law)
Categories of Law
Law
International
National
Public law (re the State)
Private law (civil law)
25 (inc plenary)
Constitutional (re national government)
Contract (basis of business & consumer law)
Tort (civil wrongs: negligentdamage, trespass, nuisance)
Company
Administrative (re local government)
Criminal (crimes are against the State)
Family (marriage, divorce, children)
Labour
Equity
Land
etc….

4. Differences between civil and criminal law
Civil Cases
Criminal Cases
Purpose of the law
Person stating the case
Legal name for that person
Courts hearing cases
Standard of Proof
Person/s making the decision
Decision
Powers of the court 20

5. Civil Cases Criminal Cases Decision Powers of the court
Purpose of the law
To uphold the rights of the individual
To maintain law and order; to protect society
Person stating the case
The individual whose rights have been affected
Usually the State through the Crown Prosecution Service
Legal name for that person
Claimant
Prosecutor
Courts hearing cases
County court or High Court. Some cases dealt with in tribunals
Magistrates’ Court or Crown Court
Standard of Proof
The balance of probability
Beyond reasonable doubt
Person/s making the decision
Judge. Very rarely a jury
Magistrates in Magistrates’ Courts or A judge and Jury in the Crown Court
Decision
Liable or not liable
Guilty (convicted) or not guilty (acquitted)
Powers of the court
Usually an award of damages, also possible: injunction, specific performance of a contract, rescission or rectification
Prison, community sentence, fine, discharge, driving ban

6. Standard of proof: Burden of proof:
The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil)
The side who bears the burden of proving that the standard of proof has been met

7. Why is the standard of proof higher in criminal cases?
Criminal Cases: Standard of proof: Burden of proof: Civil Cases:
Beyond reasonable doubt
Prosecution
Balance of probabilities
Claimant
Why is the standard of proof higher in criminal cases?

8. Quick Quiz!
What is the purpose of the civil law?
Which two courts try civil cases?
What is the purpose of the criminal law?
Which two courts try criminal cases?
What is meant by ‘double liability?’

9. Human Rights and European Law
Date: Tuesday, 18 September 2018
Human Rights and European Law
Learning Objectives
Describe the relationship between the Human Rights Act 1998 and the European Convention on Human Rights
Explain how European Laws affect the English legal system
TIF: Do you think being a member of Europe is a good or bad thing?
Starter: Which countries make up the United Kingdom? 10
A: England, Scotland, Wales, Northern Ireland
(Great Britain is just England, Scotland and Wales)

10. Our main sources of Law are…
UK Law (Civil, Criminal and Public)
European Laws e.g. European Convention on Human Rights or funny Laws about the size and shape of bananas!
World Laws made by the United Nations e.g the UN Declaration on Human Rights (we did this in year 9!)

11. If UK Law clashes with EU Law, the EU Law should take supremacy
How does EU Law work?
If UK Law clashes with EU Law, the EU Law should take supremacy

12. How does EU law affect me?
Studying in another country
Working in another country
Free emergency medical treatment in another country
Cheaper mobile phone tariffs
Environmental laws e.g. cleaner beaches
Workers rights e.g. anti-discrimination, working conditions
Human Rights (European Convention on Human Rights) – goes further than the UN Declaration

13. European Courts Question: Why do we have to follow European Law?
Most cases go to the European Court of Justice in Luxemburg
Question: Why do we have to follow European Law?
Answer: Because we have signed up to be part of the European Union, which means we agree to be bound by EU Law (more about this in the next unit!)
Human Rights cases go to the European Court of Human Rights in Strasbourg, France

14. How does EU Law work?
If you disagree with how the EU Law was applied in a UK court, you can appeal to the European Court of Justice in Luxemberg

15. How does EU Law work?
If a country fails to follow EU Law, the country can be fined by the European Commission

16. In your own words, explain how cases reach the ECJ
So…how does it work? ECJ
She goes to court but UK Law says this is ok as 60 is the age of retirement
She appeals to the European Court of Justice (ECJ)
Ethel is forced to resign when she reaches 60
In your own words, explain how cases reach the ECJ
ECJ says that because so many other European countries have a higher retirement age, the UK Law is unfair
Ethel wins her appeal

17. You are protected by 3 Human Rights Agreements
Universal Declaration on Human Rights 1948
European Convention on Human Rights 1950
Human Rights Act 1998
International
Europe
United Kingdom

18. Human Rights
The Human Rights Act 1998 incorporated the European Convention on Human Rights into our law.
Important as it affected many areas of English Legal System.
If you could create a list of rights that you think are fundamental to any Human Being what would that list include? Write them in the manner of the “The right to …”
You can have 8.

19. The ECHR Articles Article 1 – Respecting rights
Article 2 – The right to life
Article 3 – The right of freedom from torture
Article 4 – The right of freedom from slavery
Article 5 – The right to liberty
Article 6 – The right to a fair trial
Article 7 – The right not to be punished except according to law
Article 8 – The right to privacy for private and family life
Article 9 – The right to freedom of thought, conscience and religion
Article 10 – The right to freedom of expression
Article 11 – The right of freedom of association
Article 12 – The right to marriage
Article 13 – The right to effective remedy
Article 14 – The right to freedom from discrimination
Article 15 – The right to derogation
Article 16 – The right to restrict the political activity of aliens
Article 17 – The right to freedom from abuse of the rights of the convention
Article 18 – Permitted restrictions

20. So…how does it work? ECtHR
The UK court says that the Human Rights Act doesn’t say anything about the age of retirement so refers the question to the European Court of Human Rights (ECtHR)
She goes to court claiming that this is a breach of her Human Rights
Ethel is forced to resign when she reaches 60
How is this different to the ECJ?
Answer: The ECJ makes its own judgment which is binding to the individual.
The ECtHR just makes a recommendation and sends it back to the UK court to decide
ECtHR interpret the European Convention on Human Rights and give their opinion to the UK court
Explain this in your own words
The case goes back to the UK court to be tried again

21. Effect on English Law
Before the HRA 1998 a person would have to complain to the ECtHR.
If the UK found in breach it did not have to do anything if it did not want to.
But now since HRA people can rely on these rights through our courts.
Also some changes to our legal system to incorporate these rights. As you see some of the main changes see if you can distinguish which articles the area of law deals with:

22. Note taking – Skim / Scan / Summarise
Note taking is a vital skill – particularly if you want to go to University.
It is not about writing down everything on the page.
But you must have enough information to make sense of.
Read pages 8-11 and take notes. Take a note of the page number in the margin.

23. Effect on English Law
Civil Cases – appeal for small claims where non existed before.
Criminal trials – Children being tried in Crown Court were not to be treated like adults and court procedure changed to make process less formal.
Sentencing – Minimum tariffs used to be set by the Home Secretary, now set by judges.
Judicial appointment – Changed from 3 years to 5 years (shorter periods made judges less independent from government).

24. Plenary
Individually decide if you think that the UK is better or worse off because of EU membership. (2 minutes)
Share your thoughts with the person next to you and discuss why you think you are right. (1 minute)
On your table come up with a group consensus. (1 minute)
Vote (Whole Class)