Civil and Criminal Law, and the Justice System
Not all law is about crime. Learn the difference between criminal and civil law, the courts that handle each, and how the justice system of England and Wales works.
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Two kinds of law
Law is not all about crime. It splits into two main branches. Criminal law deals with offences against society - like theft or assault - where the state prosecutes and can punish. Civil law settles disputes between people or organisations - like an unpaid debt or an injury claim - where one side sues the other for a remedy such as compensation. This module maps both, and the courts that handle them.
Courtroom words
Four terms keep criminal and civil law apart.
Beyond doubt, or on balance
- Prosecution
- Claimant
- Beyond reasonable doubt
- Balance of probabilities
- The side that must convince the jury the defendant is guilty
- The neighbour who sues over a fence and starts the case
- What a jury must reach before convicting
- What a judge weighs when deciding a compensation claim
Criminal or civil?
Which of these is a criminal matter?
- Assault causing injury to another person
- A dispute over an unpaid debt
- A divorce settlement
- A claim for compensation after an accident
Criminal vs civil law
The two branches differ at every step: who brings the case, how sure the court must be, and what happens at the end.
Which are civil matters?
Select the TWO matters that are dealt with by civil law.
- A dispute over an unpaid debt
- A personal injury compensation claim
- Theft from a shop
- Assault causing injury
The justice system
A precise, testable fact: England and Wales share one legal system, which is separate from Scotland and separate from Northern Ireland. Never call it simply "the UK justice system". Within England and Wales, if you are arrested you have key rights: to be told the reason for your arrest, to inform someone that you have been arrested, and to see a solicitor.
Match each court to its work
- Magistrates' court
- Crown court
- County court
- High court
- Tries less serious criminal cases, without a jury
- Tries serious criminal cases with a judge and jury
- Hears many civil disputes, such as smaller claims
- Hears larger or more complex civil cases
A criminal case in order
Put the stages of a serious criminal case into the order they usually happen.
- A crime is reported and the police investigate
- A suspect is arrested and told the reason
- The Crown Prosecution Service decides to charge them
- The case first passes through the magistrates' court
- A serious case is sent to the crown court for trial
Match each person to their role
- Police officer
- Judge
- Magistrate
- Juror
- Investigates crime, gathers evidence and makes arrests
- Applies the law and decides the sentence in the crown court
- A trained volunteer who tries less serious cases
- A member of the public who decides guilt in a crown court trial
Law in a paragraph
Criminal law protects the public, and the _____ must prove guilt _____ reasonable doubt. Civil law settles _____ between people, decided on the _____ of probabilities. A case in Cardiff and a case in Carlisle are heard under the same law, but a case in Glasgow is not, because England and _____ form a single legal system while Scotland has its own.
Which law applies?
Three situations. Decide which type of law and, where asked, which court.
- A shopkeeper is attacked and robbed. Which type of law deals with this?
- Two neighbours dispute who owns a strip of garden. Which law and court is most likely?
- A person is arrested by the police. Which of these is a right they have?
Your turn: explain
Explain the difference between criminal law and civil law. Give an example of each, and refer to who brings the case and the standard of proof used.
- Describe criminal law: an offence against society, prosecuted by the state, proof beyond reasonable doubt
- Give a criminal example (such as theft or assault)
- Describe civil law: a dispute where a claimant sues, proof on the balance of probabilities
- Give a civil example (such as a debt or personal injury claim) and note the different outcome
Keep criminal and civil apart
Two precise points lift a Law and Justice answer. First, keep criminal and civil crisply apart: who brings the case (the state vs a claimant), the standard of proof (beyond reasonable doubt vs the balance of probabilities), the court, and the outcome (punishment vs a remedy). Second, be exact about the system: England and Wales share one legal system, separate from Scotland and from Northern Ireland - stating this precisely, rather than saying "the UK", is the kind of accurate detail that earns the top marks.