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    PracticeAQA GCSEAQA GCSE Citizenship Studies Paper 2Question 06.3
    Medium4 marksStructured
    Rights and ResponsibilitiesRights and ResponsibilitiesLegal SystemCivil LawCriminal Law

    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.

    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

    One difference is who brings the case. Source D states that 'Civil law cases are brought by private parties' (a claimant). In contrast, criminal cases are brought by the state, usually the Crown Prosecution Service (CPS), on behalf of the Crown. Another difference is the outcome of the case. The source says in civil law, the decision is whether the defendant is 'liable or not liable' to pay damages or take some action. In criminal law, the decision is whether the defendant is guilty or not guilty, and the outcome is a sentence, such as a fine or imprisonment.
    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.
    Question 06.2All questionsQuestion 07.1

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