A-Level Law: Nature of Law and English Legal System

Introduction

• Focus on the English legal system, particularly the distinction between civil and criminal law.
• Emphasizes the differences within the UK, highlighting that English law is separate from Scots law.
• Important to refer to English criminal law, not UK criminal law.

Civil Law

• Definition: Broad area covering disputes between individuals, organizations, and both.
• Purpose: Resolve disputes and provide remedies such as compensation or specific performance.
• Common Areas:
  • Contract disputes
  • Property disputes
  • Family law (e.g., divorce, child custody)
  • Tort claims (e.g., negligence, defamation)

Civil Law in A-Level

• A significant part of the course focuses on:
  • Tort
  • Contracts
  • Human rights (international and constitutional law)

Criminal Law

• Definition: Concerned with offenses against the state or society.
• Purpose: Maintain public order, safety, and punish offenders.
• Criminal Cases: Unlike civil cases, involve the state prosecuting an individual.
• Victims are not parties but witnesses or evidence providers.

Parties in Criminal Law

• Prosecutor: State, usually represented by the Crown Prosecution Service (CPS).
• Defendant: Accused individual.

Role of CPS

• Operates independently of government politics.
• Previously led by significant legal figures, including current political leaders.

Procedure and Burden of Proof

Civil Cases

• Courts: Heard in County or High Court depending on complexity.
• Procedure: Less formal, often resolved through settlement or mediation.
• Burden of Proof: On the balance of probabilities.

Criminal Cases

• Courts: Magistrates Court for summary offenses; Crown Court for serious or indictable offenses.
• Procedure: More formal, often involves a jury.
• Burden of Proof: Beyond a reasonable doubt, higher than civil cases.

Key Differences

• Civil Law involves private disputes with remedies primarily focused on compensation.
• Criminal Law involves state prosecution with penalties focused on punishment and deterrence.
• Burden of proof is significantly higher in criminal cases as compared to civil cases.