Podcast
Questions and Answers
In which court are criminal cases typically heard?
In which court are criminal cases typically heard?
- County Court
- Arbitration Court
- Crown Court (correct)
- High Court
What is the burden of proof required in civil cases?
What is the burden of proof required in civil cases?
- Clear and convincing evidence
- Preponderance of evidence
- Beyond reasonable doubt
- Balance of probabilities (correct)
What is the primary source of law in England?
What is the primary source of law in England?
- Statutory instruments
- Acts of Parliament (correct)
- EU law
- Common law
Which type of legislation is created when Parliament delegates law-making authority?
Which type of legislation is created when Parliament delegates law-making authority?
How is the burden of proof in criminal cases generally defined?
How is the burden of proof in criminal cases generally defined?
Flashcards
Balance of Probabilities
Balance of Probabilities
The standard of proof in civil cases. The court must be convinced that it is more likely than not that the accused is responsible.
Beyond Reasonable Doubt
Beyond Reasonable Doubt
The standard of proof in criminal cases. The prosecution must prove the guilt of the accused beyond a reasonable doubt.
Primary Legislation
Primary Legislation
A source of law in England, created by Acts of Parliament, which are the highest form of law.
Delegated Legislation
Delegated Legislation
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Common Law
Common Law
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Study Notes
State v Accused Procedures
- Civil cases are typically heard in county or high court, depending on complexity and value
- Procedure is less formal than criminal trials, often resolved through settlements or mediation
- Exhaust all other possible methods before trial
Criminal Procedures
- Usually heard in magistrates' court (less serious) or Crown court (more serious)
- Criminal trials often involve a jury, especially in Crown court cases
- In civil cases, parties can choose a single judge or jury
- Criminal cases usually have a single judge
Burden of Proof
- Civil cases: balance of probabilities
- Criminal cases: beyond reasonable doubt
Sources of Law
- Legislation:
- Primary source in England (Acts of Parliament)
- Parliament can delegate law-making power to other bodies or individuals
- Secondary legislation (e.g., statutory instruments, by-laws)
- Common Law
- EU Law (no longer part of EU)
- Customs and Conventions
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Description
This quiz explores the differences between civil and criminal procedures, focusing on their respective courts, burdens of proof, and sources of law. You'll learn about the formalities of each process and how cases are typically resolved. Test your knowledge on the judicial system!
