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Law is traditionally divided into private and public.
Private law concerns disputes among citizens within the country. It includes contracts, torts, trusts, probate and family
law.
Public law concerns disputes between citizens and state or between on state and another. Public law includes crimes,
constitutional law and international law.
However, the most prominent areas of these two branches are civil and criminal law. Both types are sub-divided into
substantive (defining rights and duties of people) and procedural law (laying down the rules with the help of which the rights
and duties are enforced).
Criminal procedure
Civil procedure
Parties
State (prosecutor) x individual (defendant) Claimant/plaintiff x defendant
The wrong
Crime/offence
Tort/civil wrong
The aim is…
to bring justice to the victim.
to punish the wrongdoer.
to compensate people for monetary
losses or to settle disputes.
Standard of proof
Beyond reasonable doubt
On the balance of probabilities
Defendant is…
(not) guilty of…
(not) liable for…
Possible outcomes Conviction and sentence
Acquittal
Compensation, remedy (damages,
specific performance, injunction)
Examples
Murder, theft, armed robbery, arson…
Negligence, breach of contract…
Citation of cases
R v. Novak (UK)
The people v. Novak (US)
Svoboda and Novak (UK)
Svoboda v. Novak (US)
SYSTEM OF COURTS IN ENGLAND AND IN THE C ZECH REPUBLIC
ENGLAND
Magistrates’ Courts – minor criminal offences, domestic and youth court matters
County Courts – contract and tort matters, debt collection, “slip and fall” accidents
Crown Court – serious criminal offences, certain appeals from the MC