Law Unit 4

[Audio] Welcome to Unit 4, Section 4.1 of our presentation on the Machinery of Justice. In today's session, we will be discussing the concept of Civil Law. This type of law deals with resolving conflicts between individuals and organizations. It governs the rights and obligations of these parties towards each other. When one party believes they have been wronged or the other party has failed to fulfill a legal duty, they can pursue a case through the civil justice system. These cases are heard in either the County Court or the High Court, where a single judge actively manages the case and encourages alternative methods of resolving the dispute to avoid the time and expenses of going to court. Civil Law covers a wide range of matters, including debt repayment, personal injuries, and breach of contract. When a civil dispute is brought to court, it is called a claim, with the person initiating the case known as the claimant, and the party being sued known as the defendant. The beginning of a civil case is referred to as the issue of proceedings. The goal of a civil case is to obtain compensation, rather than punishment. The two main courts for hearing civil cases are the County Court, which handles lower value claims, and the High Court, which deals with higher value or more complex claims. The choice of court depends on the monetary value of the claim. Civil hearings are presided over by a single judge, who actively manages the case and makes the final decision based on the evidence presented. This concludes our overview of Civil Law. We hope this has provided a basic understanding of this important area of law. Stay tuned for the remaining sections of our presentation, where we will delve deeper into the machinery of justice..

[Audio] In Civil Law, disputes between private individuals and organizations are handled through the civil justice system. This allows individuals to seek compensation for wrongdoings rather than facing punishment, as in criminal cases. This type of law is often referred to as the "law of redress." Cases are heard in either the County Court or the High Court, and are managed by a single judge. One of the judge's responsibilities is to encourage alternative dispute resolution methods in order to avoid the time and expense of going to court. Although judges cannot force parties to use alternative dispute resolution, they can strongly recommend it. However, if someone unreasonably refuses to participate in ADR, the judge may penalize them with costs later. In Civil Cases, the claimant must prove their case in order to be successful. The standard of proof required is a "balance of probabilities," which means that the judge must believe that it is more likely than not that the defendant is liable. In other words, the judge must be at least 51% sure that the claimant is right. This is different from criminal cases where the standard of proof is "beyond reasonable doubt." There are significant differences between Civil Law and Criminal Law. Civil Law focuses on resolving disputes and providing compensation, while Criminal Law aims to punish wrongdoing and protect public safety. The parties involved in Civil Law are the claimant and the defendant, while in Criminal Law it is the prosecution (state) and the defendant. In Civil Law, the type of wrongdoing is considered a breach of private rights or duties, while in Criminal Law it is an offense against society or the state. In civil cases, the court's focus is on whether the defendant is liable to the claimant, while in criminal cases, it is whether the defendant is guilty of a crime. The standard of proof is higher in criminal cases because the penalties are more serious, such as prison time. Additionally, there is a stigma attached to being a criminal, which is why the law requires the prosecution to prove the case beyond reasonable doubt. In summary, in Civil Law, the claimant must prove their case on a "balance of probabilities" and the outcome, if proven, is compensation or other civil remedies. The courts used are the County Court or High Court..

[Audio] In this slide, we will be discussing the civil justice system, which is responsible for resolving disputes between private individuals and organizations. Unlike criminal law, which deals with offenses against society, the main purpose of civil law is to provide compensation for victims. The civil justice system is made up of two main courts: the County Court and the High Court. These courts are managed by a single judge who actively encourages alternative resolution methods in order to avoid the time and expense of going to trial. In contrast, the criminal justice system involves the state acting to uphold law and order and protect the public. It includes various institutions such as the police, the Crown Prosecution Service (CPS), and the courts (Magistrates’ Court and Crown Court), which are responsible for prosecuting and punishing offenders. The aim of criminal prosecution is not to compensate the victim, but to punish and deter the offender. This is because criminal offenses are considered harmful or dangerous to the public. The prosecutor is the one who initiates a criminal case, while the defendant, also known as the accused, is the person who is accused of the crime. In most cases, the state brings the case on behalf of society. The CPS, which is the government body responsible for conducting prosecutions, reviews the evidence and decides whether or not there is enough to proceed with a criminal prosecution. There are two categories of criminal offenses: summary offenses, which are minor and can only be heard in the Magistrates’ Court, and either-way offenses, which are more serious and can be heard in either the Magistrates’ Court or the Crown Court, depending on the circumstances. To summarize, the civil justice system provides individuals and organizations with the opportunity to obtain compensation through the use of alternative dispute resolution methods. On the other hand, the criminal justice system aims to punish and deter offenders in order to maintain law and order and protect the public. Thank you for listening to this overview of the criminal justice system in comparison to civil law. Let's move on to our next slide..

[Audio] Our presentation on Civil Law focuses on the crucial role of the police in maintaining peace and order in society. The police are responsible for preventing crime and ensuring the safety of our communities. This includes detaining suspected offenders and investigating criminal activity. These powers are granted to the police through the Police and Criminal Evidence Act of 1984, which is supported by 8 Codes of Practice. If the police breach these Codes, the evidence they gather may be excluded at trial to ensure fairness and justice. Additionally, the police have the authority to stop and search individuals or vehicles with reasonable suspicion of stolen or prohibited items, and can arrest anyone suspected of committing an offense as long as they state the reason for the arrest. Suspects must be informed of their rights and any interviews conducted in a police station must be recorded. The case of Taylor v Chief Constable of Thames Valley Police serves as a reminder that the police must follow the law and proper procedures in civil cases. We must all work together to ensure justice is served and the rights of individuals are protected..

[Audio] This slide will cover the process of sentencing in criminal cases. Sentencing is the final stage of a criminal trial, where the court decides the punishment for a defendant found guilty of a crime. This can occur after a trial or a guilty plea. The court's goal is to determine an appropriate sentence, which is a legal punishment for the committed offense. The purpose of sentencing is to promote justice and public confidence in the criminal justice system, achieved through a consistent approach utilizing sentencing guidelines from the Court of Appeal and Sentencing Council. The Sentencing Council is an independent body established under the Coroners and Justice Act 2009 with the aims of promoting greater consistency in sentencing, ensuring a fitting punishment for the crime, and supporting transparency and public confidence in the justice system. The Court of Appeal also provides guidelines for sentencing, setting legal precedents. The Magistrates' Court, dealing with summary and some either-way offenses, has the power to impose punishments, including prison sentences of up to 6 months for a single offense or 12 months for multiple offenses, fines up to £5000, and community sentences such as unpaid work, curfews, and rehabilitation programs. The court can also combine punishments, such as a fine and community service. However, it's important to note that these powers may differ depending on the offense and specific case circumstances. The next slide will cover the sentencing powers of the Crown Court..

[Audio] Slide number six of our Civil Law presentation focuses on the factors that are taken into account when sentencing in civil cases. The purpose of the civil justice system is to provide compensation for disputes between private individuals and organizations, rather than punishment. The court considers various factors when determining the type and length of a sentence. The seriousness of the crime is one of the main factors, with more severe offenses resulting in harsher sentences. The age of the defendant, particularly for young offenders, also influences the sentencing process, with a focus on rehabilitation rather than punishment. Plea of guilt is another factor, with those who admit to their crime potentially receiving a reduced sentence. The defendant's criminal record is also considered, and previous convictions may lead to a harsher sentence. There are also circumstances that can affect the severity of a sentence. Aggravating circumstances, such as the use of violence, targeting vulnerable victims, or committing the crime in front of children, can result in a harsher sentence. On the other hand, mitigating circumstances, such as being a first-time offender or showing genuine remorse, may lead to a reduced sentence. Finally, the process of appeals in civil cases is briefly discussed, with the defendant having the option to appeal to higher courts. This concludes our discussion of the factors considered in sentencing for civil cases. We hope this has provided a better understanding of the civil justice system and how sentences are determined..

[Audio] Slide number 7 of our presentation focuses on the main differences between civil and criminal justice systems. The civil justice system primarily deals with disputes between private individuals and organizations, with the goal of providing compensation to the injured party, also known as the claimant. On the other hand, the criminal justice system's main objective is to punish the offender and maintain public order. The parties involved in a civil case are the claimant and the defendant, while in a criminal case, it is the prosecutor versus the defendant, also known as the accused. The burden of proof is also different in these systems, with civil cases requiring a balance of probabilities and criminal cases requiring evidence beyond a reasonable doubt. In decision-making, civil cases are heard by a single judge, while criminal cases are usually heard by a panel of magistrates or a jury and judge. The outcomes of these cases also differ, with civil cases resulting in a finding of liability or not liable, and criminal cases resulting in a verdict of guilty or not guilty. The penalties for civil cases may include financial compensation or other remedies, while criminal cases may lead to custodial sentences, community sentences, fines, or discharges. In summary, the civil justice system's focus is on resolving private disputes with compensation, while the criminal justice system's focus is on punishing those who have committed public wrongs. Examples of cases heard in the civil justice system include contract disputes, negligence, and defamation, while the criminal justice system handles offenses such as theft, assault, and murder..

[Audio] Slide number 8 of our presentation on civil law focuses on contract law within civil law. Contract law deals with obligations that are voluntarily assumed through an agreement between parties. The trigger for a case in contract law is when one party fails to perform their part of the agreement and the innocent party can sue for breach of contract in civil court. In such cases, the courts make a key distinction between an offer, which is a genuine intention to be bound, and an invitation to treat, which is not binding. For example, the court ruled in Fisher v Bell (1960) that an invitation to treat is not an offer and cannot be accepted to form a contract. Along with contract law, tort law also falls under the umbrella of civil law. In tort law, duties are imposed by law and the objective is to compensate those who suffer harm or damage, while criminal law aims to punish those who break the law. In tort law, duties are owed to the general population and not to a specific person, similar to criminal law. For example, a driver who causes injury can be sued for compensation in tort law, but can also face criminal prosecution for dangerous or careless driving. In summary, although there may be some overlaps in terms of the actions they address, the nature of the obligation and the outcome of the case are different between civil and criminal law. Civil law leads to compensation through courts, while criminal law leads to punishment through prosecution..

[Audio] The ninth slide of our presentation on civil law will focus on the role of laypersons and the jurisdiction of the Magistrates' Court in the criminal justice system. In the UK, civil law deals with disputes between individuals and organizations, seeking compensation rather than punishment. These cases are heard in either the County Court or the High Court, where a single judge actively manages the case and encourages alternative dispute resolution methods. The Magistrates' Courts, which primarily handle criminal matters, also deal with certain civil cases and are the first stage for serious crimes. It is interesting to note that around 95% of all criminal cases are handled by magistrates. The criminal case process in the Magistrates' Court involves a two-step process where a sentence is imposed if the defendant pleads guilty, and a trial takes place if the defendant pleads not guilty. In the latter case, the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The jurisdiction of the Magistrates' Courts includes handling all summary offences and some either-way offences, except for indictable offences which are transferred to the Crown Court. In addition, magistrates handle various preliminary matters in criminal cases, such as issuing warrants and deciding bail applications. They also hear cases in the Youth Court for defendants aged 10-17. Additionally, magistrates can sit with a Crown Court judge to hear appeals from magistrates' courts. Laypersons, also known as lay magistrates, are volunteer, part-time and non-legally qualified individuals who play a crucial role in decision-making processes in criminal cases in Magistrates' Courts, ensuring a fair and just outcome for all parties involved..

[Audio] Disputes between individuals and organizations in the civil justice system are resolved using civil law. Instead of punishment, these cases seek to obtain compensation for those affected. The County Court or High Court hear these disputes, with a single judge managing the case and promoting alternative dispute resolution methods to avoid the time and cost of going to court. Turning our attention to lay magistrates, individuals who play a significant role in the civil justice system. These individuals are not legal professionals, but are chosen from the local community and have the authority to make judgments on a variety of cases. Slide number 10 will discuss the qualifications for lay magistrates. To become a lay magistrate, an individual must be between 18 and 65 years old at the time of appointment and can serve until the age of 70. They must also possess six critical qualities, including good character, communication skills, social awareness, sound judgment, maturity, and reliability. Additionally, they must have local knowledge and live or work within the local justice area to have a better understanding of community issues. Lay magistrates must be committed to the role, as it requires a time commitment of at least 26 half-days of sitting each year. This underscores the importance of being willing to serve the community and deliver justice. The selection and appointment process involves local advisory committees selecting candidates, with the Senior Presiding Judge making the final appointment. Lay magistrates receive initial training with a mentor, and additional training is offered for specific roles, such as chairing a bench or handling family cases. Having lay magistrates in the civil justice system has several advantages. They provide local representation, as they come from diverse backgrounds and often reside in the local area. This allows for a better understanding of community issues. Additionally, lay magistrates are unpaid, making them a more cost-effective option compared to professional judges. The use of magistrates' courts is also less expensive..