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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
High Court of Justice – appellate court or first for cases of particular significance
Queen’s Bench Division – contract and tort law
Chancery Division – trust law, probate matters, tax and bankruptcy
Family Division – matrimonial and other family law cases
Court of Appeal – the final appellate court (for most cases)
Civil Division
Criminal Division
Supreme Court of the United Kingdom – appeals on matters of general public importance (civil and criminal)
CZECH REPUBLIC
The proceedings are governed by the two instance principle. Cases are decided by the District Courts as a first instance. The
second instance would then be the Regional Court. The law recognizes specific cases when a Regional Court acts as a first
instance. In this event, the High Court acts as a second instance (serious crime cases or commercial cases). The Supreme
Court hears extraordinary means of remedy and is responsible for uniformity of judicial practice. The Supreme
Administrative Court is competent for cases heard by administrative judges (Regional Courts). The Constitutional Court is
an independent body destined to protect constitutionality outside the general court structure.