0
Classification
of Law
CRIMINAL AND CIVIL
COURT PROCEDURES
At a glance, court procedures for criminal and civil cases
appear similar, however, there are some key differences.
COURT ...
Criminal Trial Civil Trial
Criminal Trial
 Prosecution (represents
society)
 Usually a representative of
the Office of the Director
of Public Prose...
Criminal Trial
 Prosecution must prove
to the judge or jury that
the Defendant
committed the crime
 It is not the
respon...
Criminal Trial
 “Beyond a reasonable
doubt”
 The judge or jury must be
convinced by the
Prosecution that the
accused was...
Criminal Trial
 Judge will hold a
sentencing hearing if the
Defendant is found guilty
 Will consider previous
crimes and...
Judges and
Magistrates
Barristers
Solicitors
PERSONNEL
INVOLVED
 Preside over courts
 Legally qualified and
experienced
professionals (usually
worked as barristers)
 Judges sit in
int...
 Receive work via a
solicitor (cannot be
hired directly by an
individual)
 Specialise in one
aspect of the law
 Two mai...
 First port of contact for
someone needing legal
advice
 Majority of their work
occurs outside a
courtroom
 Preparing w...
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3.2 court proceedings

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•distinguish between civil and criminal court procedures
•identify the role of legal personnel involved in the court process

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Transcript of "3.2 court proceedings"

  1. 1. Classification of Law CRIMINAL AND CIVIL COURT PROCEDURES
  2. 2. At a glance, court procedures for criminal and civil cases appear similar, however, there are some key differences. COURT PROCEDURES Parties involved Standard of proof Burden of proof Sentencing
  3. 3. Criminal Trial Civil Trial
  4. 4. Criminal Trial  Prosecution (represents society)  Usually a representative of the Office of the Director of Public Prosecutions  May be a Police Prosecutor (in Local Court)  Defendant (the accused wrong-doer)  Usually represented by a barrister Civil Trial  Plaintiff (brings the case to court)  Defendant (the accused wrong-doer) PARTIES INVOLVED
  5. 5. Criminal Trial  Prosecution must prove to the judge or jury that the Defendant committed the crime  It is not the responsibility of the Defendant to prove their innocence Civil Trial  Plaintiff must prove to the judge (or very occasionally a jury) that the Defendant committed the wrongful act  It is not the responsibility of the Defendant to prove their innocence STANDARD OF PROOF
  6. 6. Criminal Trial  “Beyond a reasonable doubt”  The judge or jury must be convinced by the Prosecution that the accused was guilty – and they can have no questions/doubts about this  A guilty verdict can only be made if the Prosecution proves:  mens rea  actus reus  causation Civil Trial “On the balance of probabilities” The judge (or very occasionally a jury) only needs to determine which side is more likely to be telling the truth  This makes it easier for a Plaintiff to “win” a civil case than a Prosecutor criminal case. See: OJ Simpson BURDEN OF PROOF
  7. 7. Criminal Trial  Judge will hold a sentencing hearing if the Defendant is found guilty  Will consider previous crimes and Victim Impact Statements, as well as mitigating circumstances  Will result in sanctions  Jail time  Community service  A fine Civil Trial  If the judge finds in order of the Plaintiff, s/he will state what relief (compensation) needs to be made by the Defendant  Will usually take the form of damages (payment) or injunctions (orders restricting behaviour)  If the judge finds that the Plaintiff’s claim was vexatious (time- wasting), the Plaintiff may be ordered to pay all court costs. SENTENCING
  8. 8. Judges and Magistrates Barristers Solicitors PERSONNEL INVOLVED
  9. 9.  Preside over courts  Legally qualified and experienced professionals (usually worked as barristers)  Judges sit in intermediate and superior courts; adjudicate cases with a jury (decide verdict if no jury)  Magistrates sit in lower courts; decide verdict  Both issue rulings and sentences JUDGES AND MAGISTRATES
  10. 10.  Receive work via a solicitor (cannot be hired directly by an individual)  Specialise in one aspect of the law  Two main roles:  Provide legal advice based on facts presented to them regarding the likely outcome of the case  Present their client’s case in court (if briefed by a solicitor) BARRISTERS
  11. 11.  First port of contact for someone needing legal advice  Majority of their work occurs outside a courtroom  Preparing wills  Family law matters (divorce)  Conveyancing (real estate purchases)  Creating contracts  If involved in a court case, will prepare a “brief” (documents relating to the case) for a barrister SOLICITORS
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