Law basics

Law basics

1. The common law legal system

   • Tort (civil law)
     • Civil law - Concerns the relationships between private parties (companies or people). The person making the complaint is the complainant and the person responding is the respondent. If the complainant wins the case, then the respondent is found liable and usually ordered to pay compensation in the form of damages. The burden of proof in civil cases is on the balance of probability.
       • Contract law, land law, employment law, tort law
     • Tort laws are civil wrongs - negligence is a type of tort. For there to be negligence there must be a: duty of care between the claimant and respondent, a breach of that duty of care, damage suffered by the claimant and causation, meaning that breach of duty caused by damage. There must be both legal and factual causation.
       • For legal causation there must be no break in the chain of causation. The chain of causation can be broken by: a new and intervening act, the act of a third party and the act of the claimant themselves.
       • Tortious relationship - a legal relationship created by a duty of care.
   • Statute law (legislation or acts of parliament)
   • Case law (common law)
     • Criminal law -Concerns breaches of the rules set by the state. The person being accused of committing a crime is called the defendant, and they are being prosecuted. The burden of proof in criminal cases is beyond reasonable development. This means that we must be sure that the defendant committed the crime before finding them guilty.
       • Offences against the person, theft, burglary and robbery, sexual crimes, corporate crimes.

2. Civil court structure

   • Supreme court
   • The court of appeal
   • High court of justice
     • Queen's bench division, chancery division and family division.
       • Queen's bench - contract law, personal injury law and libel
       • Chancery division - business law, probate, trusts, insolvency and equity
       • Family division - divorce, children and medical issues
     • Deals with higher value and more complex civil claims than the county court.
   • County courts - "inferior courts" deals with claims less than £25,000

3. Alternative dispute resolution

   • Mediation - completely voluntary and confidential form of ADR. Most common in family law cases. Compulsory mediation for small claims cases.
   • Collaborative law - the parties involved remain in control with a lawyer present. It is successful when an open and honest dialogue is formed and where information can be shared and negotiations entered into with both parties being encouraged to find their joint solutions.
   • Conciliation - neutral third-party aids communication, exchange of information and settlement options. Mostly takes place within employment law with an organisation called the ACAS.
   • Arbitration - the most common form of ADR in civil disputes. Aims to seek a fair resolution, give parties the freedom to decide how their dispute should be resolved, allows for arbitration without interference from the court.

4. Types of offences

   • Summary (unserious), Indictable (serious) and hybrid (triable either way)

5. Criminal trials

   • The crown prosecution services (CPS) decides if a case goes to trial. The prosecution will present their case first, magistrates are more likely to ask questions of witnesses than juries or judges. The prosecution and defence barristers will make a closing speech, In the crown court the judge gives their "summing up" before the jury decide their verdict. Magistrates will adjourn to consider their verdict. The crown court jury will retire to consider their verdict.