UNIT 9
Civil law vs. Criminal law
A Day in a Civil Court
Civil law vs. Criminal law
Consider the following case:
A man was driving too fast along a road in a city
suburb and as a result he knocked down and badly
injured a pedestrian.
Was a civil or criminal wrong committed, or both?
Civil law vs. Criminal law
 criminal wrong – reckless driving
 civil wrong – negligence
 different legal consequences under criminal and civil law
CRIMINAL LAW
-prosecuted by the police
for reckless driving
in the criminal courts
CIVIL LAW
-sued by the victim
for negligence
in the civil courts
Civil law vs. Criminal law
CIVIL LAW
CRIMINAL LAW

is concerned with disputes between
individuals


action is taken by the aggrieved
party
is concerned with wrongs
committed against an individual but
regarded as harmful to society as a
whole

action is taken against the wrongdoer in the name of society
CLAIMANT vs DEFENDANT
(PLAINTIFF)
eg. marital dispute, hire-purchase
problems, trespass, negligence etc.
PROSECUTOR vs DEFENDANT
eg. stealing, robbery, murder, rape,
embezzlement, arson etc.
Civil law vs. Criminal law
- different procedure; different outcome; different
terminology
Civil proceedings


Criminal proceedings

a prosecutor prosecutes (brings a case
against) a defendant = criminal
prosecution

a verdict – a decision of a jury

conviction (if prosecution successful)
or acquittal

a sentence – the punishment given by
a judge based on the verdict
a claimant sues (brings an action
against) a defendant = a lawsuit
judgement for the claimant (if the
proceedings are successful)

remedy – damages, injunction,
specific performance …

defendant punished by a variety of
punishments (imprisonment, fine,
probation, community work etc.)

liable # not liable - defendant liable
on the BALANCE OF
PROBABILITIES

guilty # not guilty - liable # not liable

- BURDEN OF PROOF – defendant
guilty beyond a reasonable doubt
Essential terms
CIVIL LAW
-

to commit a civil wrong = počiniti građanski

prijestup

a dispute = spor

-
aggrieved party = injured party = oštećena
strana/stranka
-
to sue; to take an action = to bring an
action against = tužiti, pokrenuti postupak, 

dići tužbu
-
claimant (plaintiff) = tužitelj, podnositelj
(odštetnog zahtjeva)
-
defendant = tuženik, optuženik, branjenik
-
Judgement = presuda, sudska odluka
-
damages = odšteta
-
injunction = sudski nalog
-
specific performance = izvršenje ugovora
-
Iiable for = (pravno) odgovoran
-
balance of probabilities = stupanj
vjerojatnosti
CRIMINAL LAW
to commit a criminal wrong (crime) = počiniti
kazneno djelo
to charge with = optužiti, teretiti za
to bring a case against = tužiti
to prosecute (prosecutor, prosecution) =
kazneno goniti, tužiti u kaznenom posupku
(tužitelj, tužiteljstvo)
defendant = optuženik, osumnjičenik, tuženik
to punish – punishment = kazniti – kazna,
sankcija

conviction (to convict) = osuđujuća presuda,
proglašavanje krivnje

acquittal (to acquit) = oslobađajuća presuda

a verdict = pravorijek (odluka) porote

a sentence (to sentence to) = osuda, kazna (koju
izriče sudac na temelju odluke porote)

guilty / liable for = kriv, odgovoran

imprisonment = zatvor, izdržavanje zatvorske
kazne

burden of proof = teret dokazivanja
Vocabulary practice –
Different
types of torts and crimes
Are the following wrongs civil , criminal or both? Sort them out.
theft / rape / manslaughter / medical negligence / negligent damage to
private property / assault / trespass / defamation / fraud / false
imprisonment / marital dispute / domestic violence / arson / bribery /
forgery / kidnapping /
CRIMINAL WRONGS (CRIMES)
CIVIL WRONGS
Vocabulary work
– Different types of
crimes and torts – Answer key
CIVIL WRONGS
CRIMINAL WRONGS (CRIMES)
medical negligence
negligent damage to private property
trespass
assault
fraud
false imprisonment
marital dispute
defamation
medical negligence
assault
fraud
false imprisonment
arson
bribery
forgery
kidnapping
theft
rape
manslaughter
Vocabulary practice II
Complete the following text contrasting criminal and civil law by choosing from the words/phrases
below.
compensation / contract / crime / damages / family law / intellectual property / plaintiff / police /
private individual / prosecution / the accused / the defendant / theft / to bring a case / to bring
an action / to fine / to charge someone with something
Criminal law vs Civil law
One category is the criminal law – the law dealing with _______. A case is called
a ______.The case is instituted by the prosecutor, who takes over the case from
the ______ who have already decided _______ the defendant or __________
with specified crimes. The civil law is much more wide-ranging. The civil law
includes the law of _________ and __________ __________. (or ___________
__________). In a civil case, the___________, normally a_________
__________ or company, __________________________ to win __________ .If
the case is proven (on the balance of probabilities, meaning that one is more sure
than not), the defendant normally pays the plaintiff ____________ (money).
Vocabulary practice II –
Answer
key
Criminal law vs Civil law
One category is the criminal law – the law dealing with crime. A case is
called a prosecution. The case is instituted by the prosecutor, who takes
over the case from the police who have already decided to charge the
defendant (or accused) with specified crimes. The civil law is much more
wide-ranging. The civil law includes the law of contract and family law or
intellectual property. In a civil case, the plaintiff, normally a private
individual or company, brings an action to win compensation. If the case is
proven (on the balance of probabilities, meaning that one is more sure than
not), the defendant normally pays the plaintiff damages (money).
Vocabulary practice III
Find the defined terms.
 _______________ = the punishment given to a person convicted of a
crime, ordered by a judge and based on a verdict.
 _______________ = the final decision by a court in a lawsuit, criminal
prosecution or appeal from a lower court's decision.
 _______________ = the result of a criminal trial in which the defendant
has been found guilty of a crime.
 _______________ = a common term for a legal action by one person or
entity against another person or entity, to be decided in a court of law.
 _______________ = a verdict (a judgment in a criminal case) of not
guilty.
 _______________ = the decision of a jury after a trial, which must be
accepted by the trial judge to be final.
 _______________ = commitment to a prison
Vocabulary practice III –
Answer key
 SENTENCE = the punishment given to a person convicted of a crime,
ordered by a judge and based on a verdict.
 JUDGMENT = the final decision by a court in a lawsuit, criminal
prosecution or appeal from a lower court's decision.
 CONVICTION = the result of a criminal trial in which the defendant has
been found guilty of a crime.
 LAWSUIT = a common term for a legal action by one person or entity
against another person or entity, to be decided in a court of law.
 ACQUITTAL = a verdict (a judgment in a criminal case) of not guilty.
 VERDICT = the decision of a jury after a trial, which must be accepted by
the trial judge to be final.
 IMPRISONMENT = commitment to a prison.
CIVIL PROCEDURE
Civil claims arise when an individual or business believes that
their rights have been infringed in some way.
Main areas of civil law:
- contract law
- tort law
- family law
- employment law
- company law
Starting a court case
1 following a ‘pre-action’ protocol – a letter to another party explaining how
the claim arises, details of injury etc.; defendant replies within 3 months
– admits or denies liability
2 choosing a court
3 issuing a claim (filling in a claim form, paying the fee for a claim)
4 defending a claim – defendant receives the claim form and
a) admits the claim and pays the full amount
b) defendant disputes the claim and defends it
c) if defendant does not do a) or b) claimant asks the court to make an
order in default - the defendant must pay the money and costs claimed
5 allocation of cases – if the claim is defended the court allocates the case
to the most suitable ‘track’
Allocation of cases
1. The small claims track
- used for disputes under £5,000, except for personal injury
cases and housing cases where the limit is usually £1,000
2. The fast track
- used for straightforward disputes of £5,000 to £15,000
3. The multi-track
- for cases over £15,000 or for complex cases under this
amount
CIVIL COURTS IN ENGLAND AND
WALES
Supreme Court of the UK
Court of Appeal
(Civil Division)
High Court
County Court
Which court to use?
I The County Court and the High Court
(The High Court and County Courts Jurisdiction Order 1991)

The County Court – for cases where the claim is for £ 15,000 or less; personal injury cases
for less than £ 50,000

The High Court – defamation actions

The County Court or High Court – for claims larger then £ 15,000
II Appelate Courts

Divisional Courts (each division of the High Court has divisional courts – The Queen’s
Bench Divisional Court; Chancery Divisional Court; Family Divisional Court)– hear appeals
from inferior courts and tribunals)

Court of Appeal (Civil Division)- appeals from the 3 divisions of the High Court, The
County Court for multi-track cases, some tribunals) – permission to appeal (granted
where an appeal would have a real prospect of success)

Supreme Court of the UK – final court of appeal – appeals from the Court of Appeal, the
Divisional Courts
The Civil Procedure Rules
-
26th April 1999 brought into effect
-
changed the vocabulary used in court cases (claimant instead of
plaintiff; claim form instead of writ or summons)
OVERRIDING OBJECTIVE - to enable the court to deal with
cases justly

ensure that the parties are on an equal footing

deal with the cases in a way which is proportionate to:
-
the amount involved
-
the importance of the case
-
the complexity of the issues in the case

save expenses

ensure that the case is dealt with quickly and fairly

judges have more control over proceedings (set timetables and make sure that
the parties do not drag out a case)

encourage the use of alternative dispute resolution (ADR)
A Day in a Civil Court
 Civil court – a county court judge (wigged and gowned, wearing a purple
sash);a clark; parties to the dispute; solicitors and barristers
Case / Parties to
the dispute
Case 1
Facts of the case
A shopkeeper vs a
customer
Case 2
Case 3
Judgement
blame
apportioned 60 %
and 40%
Tenant pours
water over the
landlady’s baby
Essential vocabulary

to defend a case/claim # to pursue a case = osporiti tužbu/zahtjev, odgovoriti
na tužbu

to issue a claim = podnijeti tužbeni zahtjev (u građanskom postupku)

to admit a claim = prihvatiti zahtjev

dispute a claim = osporiti zahtjev

a claim form = formular tužbenog zahtjeva

a counter claim = protutužba

to appeal against = žaliti se

to allocate the case = dodijeliti slučaj

to redress a grievance = povoljno riješiti žalbu

parties to the dispute = stranke u sporu

a claim arises from = zahtjev/tužba proizlazi iz

to infringe rights = povrijediti/kršiti pravo

an appelate court = prizivni sud

Alternative dispute resolution (ADR) = alternativno rješavanje spora

order in default = naredba u slučaju ogluha
Vocabulary practice
Find in the text the English equivalents for the following Croatian legal
terms.
1 povoljno riješiti žalbu/tužbu
2 stranke u sporu
3 slučaj proizlazi iz
4 sudski poziv
5 iznos dosuđen stranci na prethodnom suđenju koji je stranka dužna platiti
6 ispitivati / istraživati činjenice
7 dugovi
8 unakrsno ispitivanje svjedoka
9 relevantan svjedok
10 odmjeriti krivnju / odštetu
11 priznanje
12 žaliti se na odluku prizivnom sudu
Vocabulary practice – Answer key
1 to redress a grievance
2 parties TO the dispute
3 a case arises from
4 judgement summons
5 the amount judged by the court on a previous occasion to be due
6 to probe for the facts
7 arrears
8 cross-questioning the witness
9 pertinent witness
10 to apportion blame / damages
11admission
12 to make an appeal against a decision to the appeal court