Medium4 marksStructured
AQA GCSE · Question 06.3 · Rights and Responsibilities
SOURCE D:
Civil Law in the UK
• Civil law cases are brought by private parties.
• The decision of the court is liable or not liable.
• Either party can appeal in a civil case.
• The claimant needs to prove their case on the balance of probabilities in order to succeed.
QUESTION:
Discuss two differences between criminal law and civil law in the UK.
You should refer to Source D in your answer.
SOURCE D:
Civil Law in the UK
• Civil law cases are brought by private parties.
• The decision of the court is liable or not liable.
• Either party can appeal in a civil case.
• The claimant needs to prove their case on the balance of probabilities in order to succeed.
QUESTION:
Discuss two differences between criminal law and civil law in the UK.
You should refer to Source D in your answer.
How to approach this question
Read Source D to understand the features of civil law. For each point, think about what the equivalent is in criminal law. For example, the source says who brings a civil case; who brings a criminal case? The source states the decision in a civil case; what is the decision in a criminal case? Formulate two distinct points of comparison.
Full Answer
This question tests the ability to compare and contrast civil and criminal law, using information from a source. Other valid differences that could be drawn from the source include:
- **Burden of proof:** The source says in civil law it's the 'balance of probabilities' (i.e., more likely than not). In criminal law, the prosecution must prove guilt 'beyond a reasonable doubt', which is a much higher standard.
- **Parties involved:** In civil law, it's a 'claimant' suing a 'defendant'. In criminal law, it's the 'prosecution' against the 'defendant'.
Common mistakes
A common mistake is to describe features of civil and criminal law without making a direct comparison, or without referring to the information given in Source D.
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