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ACCA f4

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ACCA f4
Types of Law
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Public Law and Private Law
Criminal
Law and Civil Law
Criminal
Law
-­‐ A form of public law.
-­‐ Case must be proved by the prosecution beyond reasonable doubt.
-­‐ Person guilty must be punished by fines, or imprisonment.
-­‐ Object -­‐ to regulate society by the threat of punishment.
-­‐ The state is the prosecutor and prosecution is brought in the name of the Public Prosecutor e.g. PP v Jones.
Civil
Law
-­‐ A form of private law.
-­‐ Case must be proved on a balance of probabilities.
-­‐ Burden may rest on either party depending on the circumstance.
-­‐ No concept of punishment.
-­‐ Compensation is paid to the wronged person.
-­‐ Terminology used is different.
-­‐ Claimant sues the defendant so the case would be referred to as e.g Smith v Megacorp plc.
-­‐ State plays no part.

Public Law
-­‐ Mainly concerned with government and the functions of public organizations such as councils and local authorities.
-­‐ State prosecutes alleged perpetrator under public law. -­‐ Criminal law is therefore also part of public law.
Private
Law
-­‐ Deals with relationships between businesses and customers, employees and other private individuals.
-­‐ The state does not get involved and it is for the individual concerned to

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