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Lecture 1

INTRODUCTION TO LAW

CRIMINAL AND CIVIL LAW

Criminal law

Public and private law

CRIMINAL AND CIVIL LAW


ROLE OF LAW Law is a body of rules for guidance of human conduct to maintain order and protect harm to persons and property. If there is no legal system, it is likely to result in confusion or disorder.
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PUBLIC AND PRIVATE LAW

(Public Law)

PUBLIC LAW governs relations between an individual citizen and the state. state.
Covers:

(a) (b)

Criminal Law Constitutional law


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CIVIL AND CRIMINAL LAW

(Civil Law)

Is the law governing relations between citizens themselves


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CIVIL AND CRIMINAL LAW

(Criminal Lawcontd)

In criminal trial, the burden of proof (the party who bears the proof) is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her.
It must proved its case to be beyond reasonable doubt.
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PUBLIC AND PRIVATE LAW

(Private Law)
Covers:

(a) (b)

(c) (d)

Law if contract, which will be covered later Law of tort, which is the law covering legal duty of people towards each other, such as the law of negligence Law of trust, trust, dealing with the disposal of a persons property according to their wishes Family law, concerned with issues such as divorce, custody of children and wards of courts
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CIVIL AND CRIMINAL LAW

(Criminal Law)

CRIMINAL, or sometimes also known as CRIMINAL, PENAL LAW involves prosecution by the government of a person for a crime, crime , which is prohibited by the law.
The community suffers as a result of the law broken. Persons guilty of crimes are punished by fines or imprisonment.
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ACTIVITY

While driving, Martin exceeded the speed limit and crashed into the wall of Andrews house, causing damage worth $5 $5,000. 000. What legal actions, either criminal or civil, may arise as a result of his actions?
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RESOLUTION OF DISPUTES

Disputes may be resolved by:

(1) Courts (2) Tribunals (3) Arbitration


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THE COURTS SYSTEM

Refer to course book, page 7 to see diagram

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THE COUNTY COURT


Read course book, page 7 to 9 on the followings:

(1) (2) (3) (4) (5)

Jurisdiction Small claims procedure Appeals Staffing The Woolf reforms

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THE HIGH COURT


The High Court is organized into three divisions

(1) Queens Bench (2) Chancery Division (3) Family Division

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CRIMINAL STRUCTURE

Refer to course book, page 11 to see diagram

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CRIMINAL STRUCTURE (CONTD)


MAGISTRATES COURTS Read course book, page 11 to 12 on the followings:

(1) (2) (3) (4)

Criminal jurisdiction Civil jurisdiction Appeals Staffing


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CRIMINAL STRUCTURE (CONTD)


THE CROWN COURT Read course book, page 13 on the followings:

(1) (2) (3) (4)

Criminal jurisdiction Civil jurisdiction Appeals Staffing


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CRIMINAL STRUCTURE (CONTD)


THE COURT OF APPEAL Read course book, page 13 to 14 on the followings:

(1) (2) (3) (4)

Civil Division Criminal Division Appeals Staffing


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CRIMINAL STRUCTURE (CONTD)


THE HOUSE OF LORDS Read course book, page 14 on two separate roles

(1) (2)

Legislative role Judicial role

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CRIMINAL STRUCTURE (CONTD)


THE EUROPEAN COURTS Read course book, page 14 on the followings:

(1) (2)

European Court of Human Rights European Court of Justice

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OTHER MEANS OF RESOLVING DISPUTES

Arbitration

Other means of resolving disputes

Tribunals

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