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English Legal System. Question 1. The most fundamental distinction between
civil and criminal law is the concept of punishment: 1 ...
... The development of common law has had a great impact on the English legal system.
The English legal system is the original common law system. ...
... The legal systems of various countries are modeled on the English legal system and
these countries are said to have a ˇ§common law legal systemˇ¨. ...
... as a special instance of the symbiosis of the English and Continental legal ... of the
present.” Bibliography De Funiak, William Q., The Legal System of Scotland ...
... root for the English form. The words just and legal must have their similarities
originating from the word Justus, or justice, and the legal system's view on ...
Submitted by kozerskiadam on January 21, 2007
Category: Business
Words: 4316 | Pages: 18
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Question 1.
The most fundamental distinction between civil and criminal law is the concept of punishment:
1. The criminal law:
• Criminal Law regulates offences affecting community as a whole; crime is committed against the state.
• In criminal law defendant is punished either by fine paid to the government or imprisonment.
• In criminal litigation burden of proof is always on the state which must prove beyond reasonable doubt guiltiness of the defendant.
• The Criminal Law is executed in Criminal Courts;
Magistrate Court Crown Court High Court Court of Appeal
House of Lords
• Jury in Criminal Law Courts decides if defendant if guilty or not, Judge find for him appropriate to crime sentence.
• Sentence is the final act of punishment in criminal law if defendant is found guilty.
• Criminal Courts are financed from public founds.
2. The civil law
• The civil law regulates disputes between individuals within the community without involvement of the state.
• A civil case is called loins or an action in civil litigation a losing defendant has to compensate the plaintiff losses.
• In civil cases the plaintiff wins if predominance of evidence favourites him, the balance of probability is on his site.
• The Civil Law is executed in the Civil Courts;
County Courts High Court Court of Appeal House of Lords
• Judge in Civil Law Courts decides which side of the dispute is right and orders gratification for wining plaintiff.
• In civil cases possible is agreement between parties in dispute which means that case can be finished without decision from the judge.
• Civil Courts are financed from private founds; losing site has to pay all...
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