Chapter 1 Structure of the legal system

　　1 Distinction between criminal and civil law

　　1.1 Civil law

　　Who brings the action?

　　Claimant (plaintiff) against Defendant.

　　E.g. Brown v Jones

　　Burden & standard of proof?

　　Claimant must prove liability on 'balance of probabilities'

　　Where is action heard?

　　Small claims, County & High Court

　　Who decides liability/remedy?

　　Usually Judge alone

　　Remedy?Compensation. E.g. damages

　　1.2 Criminal law

　　Who brings the action?

　　Prosecution (Regina) against Accused.

　　E.g. R v Smith

　　Burden & standard of proof?

　　Prosecution must prove guilt ‘beyond reasonable doubt’

　　Where is action heard?

　　Magistrates & Crown Court

　　Who decides guilt/sentence?

　　Magistrates/Judge/Jury

　　Sentence?

　　Fine/Imprisonment/Community order