UNIT 9

Civil law vs. Criminal law

A Day in a Civil Court

Civil law vs. Criminal law

Consider the following case:

A man was driving too fast along a road in a city

suburb and as a result he knocked down and badly

injured a pedestrian.

Was a civil or criminal wrong committed, or both?

Civil law vs. Criminal law

criminal wrong – reckless driving civil wrong – negligence different legal consequences under criminal

and civil law

CRIMINAL LAW CIVIL LAW

-prosecuted by the police for reckless driving in the criminal courts

-sued by the victim for negligence in the civil courts

Civil law vs. Criminal law

CIVIL LAW CRIMINAL LAW is concerned with disputes

between individuals action is taken by the aggrieved

party

CLAIMANT vs DEFENDANT

(PLAINTIFF)

defendant liable on the

BALANCE OF PROBABILITIES

eg. marital dispute, hire-purchase problems, trespass, negligence etc.

is concerned with wrongs committed against an individual but regarded as harmful to society as a whole

action is taken against the wrong-doer in the name of society

PROSECUTOR vs DEFENDANT

eg. stealing, robbery, murder, rape, embezzlement, arson etc.

Civil law vs. Criminal law- different procedure; different outcome;

different terminology

Civil proceedings Criminal proceedings

a claimant sues (brings an action against) a defendant = a lawsuit

judgement for the claimant (if the proceedings are successful)

remedy – damages, injunction, specific performance …

liable # not liable - defendant liable on the BALANCE OF PROBABILITIES

a prosecutor prosecutes (brings a case against) a defendant = criminal prosecution

a verdict – a decision of a jury conviction (if prosecution

successful) or acquittal a sentence – the punishment given

by a judge based on the verdict

defendant punished by a variety of punishments (imprisonment, fine, probation, community work etc.)

guilty # not guilty - liable # not liable

- BURDEN OF PROOF – defendant guilty beyond a reasonable doubt

Essential termsCIVIL LAW

CRIMINAL LAW

- to commit a civil wrong = počiniti građanski prijestup

- a dispute = spor

- aggrieved party = injured party = oštećena strana/stranka

- to sue; to take an action = to bring an action against = tužiti, pokrenuti postupak, dići tužbu

- claimant (plaintiff) = tužitelj, podnositelj (odštetnog zahtjeva)

- defendant = tuženik, optuženik, branjenik

- Judgement = presuda, sudska odluka

- damages = odšteta

- injunction = sudski nalog

- specific performance = izvršenje ugovora

- Iiable for = (pravno) odgovoran

- balance of probabilities = stupanj vjerojatnosti

to commit a criminal wrong (crime) = počiniti kazneno djelo

to charge with = optužiti, teretiti za

to bring a case against = tužiti

to prosecute (prosecutor, prosecution) = kazneno goniti, tužiti u kaznenom posupku (tužitelj, tužiteljstvo)

defendant = optuženik, osumnjičenik, tuženik

to punish – punishment = kazniti – kazna, sankcija

conviction (to convict) = osuđujuća presuda, proglašavanje krivnje

acquittal (to acquit) = oslobađajuća presuda

a verdict = pravorijek (odluka) porote

a sentence (to sentence to) = osuda, kazna (koju izriče sudac na temelju odluke porote)

guilty / liable for = kriv, odgovoran

imprisonment = zatvor, izdržavanje zatvorske kazne

burden of proof = teret dokazivanja

Vocabulary practice – Different types of torts and crimes

Are the following wrongs civil , criminal or both? Sort them out.

theft / rape / manslaughter / medical negligence / negligent damage to

private property / assault / trespass / defamation / fraud / false

imprisonment / marital dispute / domestic violence / arson / bribery /

forgery / kidnapping /

CRIMINAL WRONGS (CRIMES)

CIVIL WRONGS

Vocabulary work – Different types of crimes and torts – Answer key

CIVIL WRONGS CRIMINAL WRONGS (CRIMES)

medical negligence negligent damage to private property trespass assault fraud false imprisonment marital disputedefamation

medical negligenceassaultfraudarson bribery forgery kidnapping theft rape manslaughter

Vocabulary practice IIComplete the following text contrasting criminal and civil law by choosing from the

words/phrases below.

compensation / contract / crime / damages / family law / intellectual property / plaintiff / police / private individual / prosecution / the accused / the defendant / theft / to bring a

case / to bring an action / to fine / to charge someone with something

Criminal law vs Civil law

One category is the criminal law – the law dealing with _______. A case is called

a ______.The case is instituted by the prosecutor, who takes over the case from

the ______ who have already decided _______ the defendant or __________

with specified crimes. The civil law is much more wide-ranging. The civil law

includes the law of _________ and __________ __________. (or ___________

__________). In a civil case, the___________, normally a_________

__________ or company, __________________________ to win __________ .If

the case is proven (on the balance of probabilities, meaning that one is more sure

than not), the defendant normally pays the plaintiff ____________ (money).

Vocabulary practice II – Answer key

Criminal law vs Civil law

One category is the criminal law – the law dealing with crime. A case is

called a prosecution. The case is instituted by the prosecutor, who takes

over the case from the police who have already decided to charge the

defendant (or accused) with specified crimes. The civil law is much more

wide-ranging. The civil law includes the law of contract and family law or

intellectual property. In a civil case, the plaintiff, normally a private

individual or company, brings an action to win compensation. If the case is

proven (on the balance of probabilities, meaning that one is more sure than

not), the defendant normally pays the plaintiff damages (money).

Vocabulary practice III Find the defined terms.

_______________ = the punishment given to a person convicted of a crime, ordered by a judge and based on a verdict.

_______________ = the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's decision.

_______________ = the result of a criminal trial in which the defendant has been found guilty of a crime.

_______________ = a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law.

_______________ = a verdict (a judgment in a criminal case) of not guilty.

_______________ = the decision of a jury after a trial, which must be accepted by the trial judge to be final.

_______________ = commitment to a prison

Vocabulary practice III – Answer key SENTENCE = the punishment given to a person convicted of a

crime, ordered by a judge and based on a verdict. JUDGMENT = the final decision by a court in a lawsuit, criminal

prosecution or appeal from a lower court's decision. CONVICTION = the result of a criminal trial in which the

defendant has been found guilty of a crime. LAWSUIT = a common term for a legal action by one person or

entity against another person or entity, to be decided in a court of law.

ACQUITTAL = a verdict (a judgment in a criminal case) of not guilty.

VERDICT = the decision of a jury after a trial, which must be accepted by the trial judge to be final.

IMPRISONMENT = commitment to a prison.

CIVIL PROCEDURE

Civil claims arise when an individual or business believes that their rights have been infringed in some way.

Main areas of civil law:- contract law- tort law- family law- employment law

- company law

Starting a court case

1 following a ‘pre-action’ protocol – a letter to another party explaining how the claim arises, details of injury etc.; defendant replies within 3 months – admits or denies liability

2 choosing a court

3 issuing a claim (filling in a claim form, paying the fee for a claim)

4 defending a claim – defendant receives the claim form and

a) admits the claim and pays the full amount

b) defendant disputes the claim and defends it

c) if defendant does not do a) or b) claimant asks the court to make an order in default - the defendant must pay the money and costs claimed

5 allocation of cases – if the claim is defended the court allocates the case to the most suitable ‘track’

Allocation of cases

1. The small claims track

- used for disputes under £5,000, except for personal injury cases and housing cases where the limit is usually £1,000

2. The fast track

- used for straightforward disputes of £5,000 to £15,000

3. The multi-track

- for cases over £15,000 or for complex cases under this amount

CIVIL COURTS IN ENGLAND AND WALES

County Court

High Court

Court of Appeal(Civil Division)

Supreme Court of the UK

Which court to use?

I The County Court and the High Court

(The High Court and County Courts Jurisdiction Order 1991)

The County Court – for cases where the claim is for £ 15,000 or less; personal injury cases for less than £ 50,000

The High Court – defamation actions

The County Court or High Court – for claims larger then £ 15,000

II Appelate Courts Divisional Courts (each division of the High Court has divisional courts – The

Queen’s Bench Divisional Court; Chancery Divisional Court; Family Divisional Court)– hear appeals from inferior courts and tribunals)

Court of Appeal (Civil Division)- appeals from the 3 divisions of the High Court, The County Court for multi-track cases, some tribunals) – permission to appeal (granted where an appeal would have a real prospect of success)

Supreme Court of the UK – final court of appeal – appeals from the Court of Appeal, the Divisional Courts

The Civil Procedure Rules

26th April 1999 brought into effect

simplify the procedure and cut the expenses, accelerates the procedure

judges have more control over proceedings than previously (fix timetables and make sure that the parties do not drag out a case unnecessary; active case management etc.) – issues in cases identified more quickly – more cases settled without the need for trial

encourage the use of alternative dispute resolution (ADR)

changed the vocabulary used in court cases (eg. the claimant instead of the plaintiff; claim form instead of writ or summons etc.)

The Civil Procedure Rules- changed the vocabulary used in court cases (claimant

instead of plaintiff; claim form instead of writ or summons)

OVERRIDING OBJECTIVE - to enable the court to deal with cases justly

ensure that the parties are on an equal footing deal with the cases in a way which is proportionate to:

- the amount involved

- the importance of the case

- the complexity of the issues in the case save expenses ensure that the case is dealt with quickly and fairly judges have more control over proceedings (set timetables and

make sure that the parties do not drag out a case) encourage the use of alternative dispute resolution (ADR)

A Day in a Civil Court

Civil court – a county court judge (wigged and gowned, wearing a purple sash);a clark; parties to the dispute; solicitors and barristers

Case / Parties to the

dispute

Facts of the case

Judgement

Case 1 A shopkeeper vs a customer

Case 2 blame apportioned 60 % and 40%

Case 3 Tenant pours water over the landlady’s baby

Essential vocabulary to defend a case/claim # to pursue a case = osporiti

tužbu/zahtjev, odgovoriti na tužbu to issue a claim = podnijeti tužbeni zahtjev (u građanskom

postupku) to admit a claim = prihvatiti zahtjev dispute a claim = osporiti zahtjev a claim form = formular tužbenog zahtjeva a counter claim = protutužba to appeal against = žaliti se to allocate the case = dodijeliti slučaj to redress a grievance = povoljno riješiti žalbu parties to the dispute = stranke u sporu a claim arises from = zahtjev/tužba proizlazi iz to infringe rights = povrijediti/kršiti pravo an appelate court = prizivni sud

Vocabulary practice

Find in the text the English equivalents for the following Croatian legal terms.

1 povoljno riješiti žalbu/tužbu

2 stranke u sporu

3 slučaj proizlazi iz

4 sudski poziv

5 iznos dosuđen stranci na prethodnom suđenju koji je stranka dužna platiti

6 ispitivati / istraživati činjenice

7 dugovi

8 unakrsno ispitivanje svjedoka

9 relevantan svjedok

10 odmjeriti krivnju / odštetu

11 priznanje

12 žaliti se na odluku prizivnom sudu

Vocabulary practice – Answer key

1 to redress a grievance

2 parties TO the dispute

3 a case arises from

4 judgement summons

5 the amount judged by the court on a previous occasion to be due

6 to probe for the facts

7 arrears

8 cross-questioning the witness

9 pertinent witness

10 to apportion blame / damages

11admission

12 to make an appeal against a decision to the appeal court