Thursday, May 13, 2010

Criminal and civil cases?

Hi could you please give my 3 examples of cases that could be heard in a criminal case, and 3 examples of cases that can be heard in a civil case. Also could you give me some facts on juries and the english legal system. Thankyou for your help.Criminal and civil cases?
Hi


Criminal Courts which are Crown courts deal with murder, theft and kidnapping etc etc that sort of thing


County Courts deal with small claims (when you are sueing someone) divorces and family matters and pocessions on buildings, bankruptcy etc etc that sort of thing.


Try the website below for more information for more facts and advice.Criminal and civil cases?
Yes the cases heard in County Courts are civil cases. They do not normally have a jury either. If you are intersted in sitting in Court to hear a case, you will need to get go to a Crown Court, but phone the Court before hand to ensure the public (ie you) can sit in and listen to it.


Goodluck

Report Abuse



county courts deal with civil cases normally brought by companies or individuals, ie, debt recovery or tresspass. magistrates and crown courts deal with criminal matters normally brought by the police. you can be tried for murder in the crown court in a case brought by the cps and be found innocent and then still end up in a civil action brought by the claimant themselves.
English law falls into two categories:





Criminal Law 鈥?offences relating to persons or property and affecting the whole community. A criminal case is called a prosecution


Civil Law 鈥?wrongs relating to conflicts between individuals within the community. A civil case is called an action or a claim. Most laws are civil laws


The rules governing Civil and Criminal law have evolved from three sources:


Legislation - which includes statutes/Acts of Parliament


Case (or Common) Law - made by judges. It has evolved over centuries from the judgment of cases appearing before the courts. These judgments set precedents against which future cases are judged


European Community Law (which is binding in all UK Legal systems)





Conflicts which sometimes arise between Common Law and Legislation are dealt with by the courts (legislation takes priority). Where EC law conflicts with national law, the UK courts are required to apply the EC law or to interpret national law to fit in with EC law.





All criminal cases begin at the magistrates court and more serious criminal matters can be committed to the Crown Court to be heard before a judge and jury. Examples of criminal cases: assault (the more serious acts of assault, such as unlawful wounding and assault occasioning grievous bodily harm have to be heard at the Crown Court); theft (which ranges from theft by finding, i.e. picking up something you find in the street to sophisticated fraud); forgery.





Civil matters of a less serious nature are heard before the County Court and more serious matters - and appeals -- are heard before the High Court. Examples of civil cases: landlord and tenant matters; defamation and statutory nuisance.
civil court is for restittion in matters between individuals criminal court is reserved for cases where a criminal act is being charged. For instance in the state of Illinois a civil case can be brought against an individual who causes damage to anothers vehicle even if the insurance company has refused to pay if the traffic ticket written at the time is thrown out of court.
A criminal case has to be proved by counsel to be 'beyond reasonable doubt'





A civil case has a weaker proof threshold, its on 'the balance of probabilities'.





Example: The trial of the US sportsman OJ Simpson, who was accused of murdering his wife. He was found not guilty in a criminal court because the prosecution failed to convince the jury of his guilt beyond reasonable doubt. But the family of the woman, brought a civil case against OJ and won, because counsel demonstrated OJ's probable guilt judged by the criteira of 'on the balance of probabilities'.





Although the example is from the US I think the same principles apply. Also in a criminal case the verdict is decided by a jury, in a civil case the judge decides.

No comments:

Post a Comment