From CIMA Exam Practice Kit: Business Law
Overview
Comparison of Criminal and Civil Law.
| (a) | Purpose | Criminal punishment of the wrongdoer Civil compensation of the victim |
| (b) | Case brought by | Criminal the state Civil the victim |
| (c) | Action | Criminal prosecution Civil suing |
| (d) | Burden of proof | Criminal beyond reasonable doubt Civil on a balance of probabilities |
| (e) | Court | Criminal Magistrate's Court, Crown Court Civil County Court, High Court |
| (f) | Outcome if defendant loses | Criminal imprisonment, fine, community service, probation Civil damages, specific performance, injunction |
Judicial Precedent
Sources of Law
There are two main sources of law in the UK.
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Acts of Parliament (sometimes called statutes).
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Case Law developed by the courts.
The Meaning of a Judicial Precedent
When a Judge decides a case before him, his judgment will have to be based on some legal principle or process of legal reasoning. It is desirable that in all the future cases of a similar kind the same process of legal reasoning should apply.
Case Law is based on two fundamental principles.
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The doctrine of binding precedent.
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The hierarchy of the Courts.
A Judge is bound to apply the rules of law contained in earlier decisions of a higher Court and usually those of a Court of equal standing.
Not everything said is binding in later cases. We have to distinguish between ratio decidendi the legal principle on which the Judge bases his decision and obiter dicta other remarks made in passing.
Ratio Decidendi
Products & Services
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