LAW2041 - System of Law: Criminal Law
Added on 2020-03-07
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Question 1Generally, the non-lawyers do not appreciate the fact that there are two types of law, criminallaw and civil law. The criminal law is the system of law that is used for punishing wrongdoing.Therefore, the federal law prescribes the things that are considered as unacceptable by thesociety and doing which will make a person liable for prosecution. On the other hand, civil lawprovides a complicated system of law that tries to set out the rules that can be used in all types ofsituations that may arise in life. Hence, the civil law provides for the disputes that have to bedetermined by a judge in case the parties are not in a position to settle the dispute themselves. In this way, significant differences are present between the civil law and the criminal law. Thefirst major difference is present between the parties on the persons who bring or defend aparticular case. Under the civil law, a claim is initiated by the claimant against the defendant in acourt of law. In such a case, any person who has the right to bring a case at law can become aparty to the suit (Beale, 1935). Basically this means any person who is not mentally unsound, avexatious litigant or under the age of 18 years. On the other hand, independent of days, aprosecution is brought against the defendant. Generally the defendants are living persons,however, it is also possible that a prosecution may be initiated against a limited company (Diceyand Morris 1993). Similarly, in a criminal case, generally the prosecution is brought by theCrown Prosecution Service on behalf of all the people, even if technically the case is broughtunder the name of the Queen. However, a prosecution may also be introduced by privateorganization; for example, a number of private prosecutions are initiated by the shops against thepersons who are accused of shoplifting.
The second difference present between the two systems is related with courts. Generally the civilcases are initiated in the county court, and more complex cases all the cases in which higher limitof money is involved, may be initiated in the High Court (Slapper and Kelly, 2008). On the otherhand, generally the Magistrates Courts or in case of the more serious crimes, they may bebrought at the Crown Court. In both type of cases, an appeal may be made to the Court of Appealand ultimately to the Supreme Court. However, the exact route may vary on the basis of the typeof the case.It also needs to be noted that there are certain specialist type of cases that can be brought beforeone or the other tribunal like the Lands Tribunal, Employment Tribunal etc. Mostly these areused, in case of civil claims.The next difference present between the two types of cases is related with the standard andburden of proof. In both these cases, one party is required to prove the case, which is known asthe burden of proof. However, the degree or the standard to which the case needs to be true isdifferent in civil and criminal cases. In case of the civil courts, generally the claimant is requiredto prove its case. The standard of proof that is applied in such cases is the balance ofprobabilities (Hilaire, 2008). Therefore, it has to be established that the claimant is more likely tobe right than not. In some cases, the burden of proof may be reversed and therefore the defendantwill be required to prove something. However this does not happen generally or in cases wherethey have instituted a counter claim. In criminal courts, the burden of proof is on the prosecution and the standard is also higher. Theprosecution is required to establish their case beyond a reasonable doubt. Perhaps this is thereason why it is easier for a victim of crime to win a civil claim against a person for damageseven if such person has been equated by the criminal courts.
Question 2(a) In the present case, a remedy for breach of contract may be available to Arther. This remedyis provided by way of putting right something that has gone wrong while performing the contractand as a result of which, the other party may have to suffer a loss or damage. Better consumerenters into a contract for sale of goods or services, such consumer may claim remedies in casethe other party has failed to fulfill its part of the contract. In case of such breach of contract, thebusiness may be liable to provide appropriate remedies to the consumer. This may includecompensation or even the termination of contract. The duties of a seller under the contract forsale of goods or services include the duty to deliver goods according to the terms of the contract.Similarly, it is also required that the goods or services are fit for purpose for which they havebeen purchased and similarly, they should be of satisfactory quality (Clarke and Clarke, 2016).Some of the examples of a breach include providing faulty goods, the goods which do not matchthe terms of the contract or the failure to provide goods on time. In such cases, the ConsumerRights Act, 2015 has to be applied which provides quite a remedies to the consumers than ever.Under these circumstances, it can be said that legal rights are provided to Arthur under theConsumer Rights Act, 2015.(b)There is an old statement according to which all contracts are agreements but all agreements arenot contracts. The meaning of this statement is that there is a difference between an agreementand a contract. Without the knowledge of respect, people keep on entering into hundreds ofagreements everyday which may or may not find them legally. The difference between acting
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