F4 December 2007 Past Paper Questions.

[Tamika]

Hi guys..

I have attempted answering question 1 of the F4 December 2007 past paper. I find that my answers are somewhat differently structured from the answers in the answer booklet. I am not sure if my answer is structured correctly and would be adequate to earn a good mark. I submit my answer below for your advice.

Question

1 (a) In relation to the English Legal System distinguished between the following:

(1) Criminal Law
(2) Civil Law (5 marks)

(b) Explain the jurisdiction of the courts dealing with criminal and civil law (5 marks)


My answer

Law is the rules and regulations enacted in a country to govern the citizens and is said to be a mechanic of social control. Law can be differentiated into Criminal Law, Civil Law, Public Law and Private Law. Under the English Legal System Criminal Law and Civil Law are distinguished as follows:

Criminal Law - is an act or omission prohibited and punishable by law. In this case the defendant or accused person is taken to court by the state. The Law suit is intended to punish the accused and the state must prove that accused is beyond reasons of a doubt guilty.

Civil Law - is an act or omission and the injured party may seek remedy from the courts to indemnify any damages suffered. In this case the individual or company takes another to court. The Law suit is intended to remedy the damages and not to punish the defendant. The claimant must prove on a balance of probability that the defendant is liable.

There are however cases where an offense may give rise to a criminal and a civil law as in the case of an employer who breaches the Health and Safety at Work Act 1974. In this case where an employer's negligence gives rise to an injury to an employee, he can be sued by the employee for injury under the civil law and prosecuted by the state for the breaching of the Health and Safety at Work Act 1974. The employee's law suit is to indemnify any loss incurred whilst the state's law suit is to punish the employer. Punishment may be in the form of a fine or imprisonment.

(b) Under the English Legal System the structure of the court is hierarchyed in such a way that different courts will specialized in different cases. This is to enable the smooth operation of the court system.

The jurisdiction of the court dealing with criminal law will begin in the local magistrates court and then moves on to the crown court if the matter is not settled. An appeal can go from the Crown Court to the Court of Appeal and from the Appellate Court to the House of Lords. All criminal cases are tried at the Magistrates court with a further appeal for more complexed cases.

In a civil law case the case will be tried at the County Court also called first instance court. The case may be moved from the County Court to the High Court and from the High Court to the Appellate Court. In some instances a case may leave from the High Court by way of a leap frog method (by passing the appellate court) to the House of Lords.

All Civil cases are dealt with at the county court, with an exception to cases such as matrimonial cases which begins at the High Court Family Division.