Business Notes: Law - Key Terms

Accused - The person being prosecuted in a criminal trial

Adversarial Procedure - Trial in which judge acts like the referee in the context between two opposing litigants.

Claimant -The party who brings a civil action

Common Law - Various meanings determined by context: law applicable to the whole of England/ judge-made law rather than statute/not the law of Equity

Crowm - The prosecutor in criminal proceedings

Defence - The person being prosecuted/ their legal representatives

Defendant - Person against whom criminal or civil proceedings are brought

Precedent - Previous judicial decision influential and possibly binding in later cases

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Business Notes: Law - Differences Between Criminal & Civil Law

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- Esjae x

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Business Notes: Introduction to Law

We need to know the difference between criminal and civil law (we will focus upon civil law but occasionally touch upon criminal law).

Civil Law = us as individuals exerting our rights

Businesses are civally liable to their customers in many circumstances but crimanally liable in other circumstance. However most customers do not know what their rights are (some businesses use this to their advantage).

Criminal situations are usually quick because the freedom of the individual is at risk, therefore they are usually released the following day. However the civil process takes a long time for any conclusion to be made.

The two courts for civil cases are:

• ·         High Court
• ·         County Court

Within civil law you don’t use the term 'guilt'

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