Level 3 Applied Law BTEC
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86 topics in 7 modules
☑️ Dispute Solving in Civil Law 13 topics
- Features of Civil Law
- Structure and Jurisdiction of the English Civil Courts
- Alternatives to the Courts in Civil Dispute Resolution
- Legal Skills
- Sources of Advice
- Sources of Funding
- The Cost of Taking Legal Action
- Precedent
- Duty of Care
- Law of Negligence: Breach of Duty
- Law of Negligence: Damage
- Law of Negligence: Damages
- Burden of Proof and res ipsa loquitur
☑️ Investigating Aspects of Criminal Law and the Legal System 15 topics
- Legal Skills
- Influences on Parliament
- The Law-Making Procedure in Parliament
- How Statutes are Interpreted by the Courts
- Delegated Legislation
- The European Legislative Process and Institutions
- The Legal Profession
- Financing Advice and Representation in a Criminal Trial
- Lay People
- Judiciary
- Elements of a Crime
- Non-Fatal Offences
- Aims of Sentencing
- Factors Involved in Sentencing
- Types of Sentences
☑️ Applying the Law 16 topics
- Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
- Corporate Manslaughter
- Theft: Section 1-6 of the Theft Act 1968
- Robbery: Section 8 of the Theft Act 1968
- Burglary: Section 9 of the Theft Act 1968
- Fraud by False Representation: Section 2 of the Fraud Act 2006
- Criminal Damage: Section 1 of the Crimianl Damage Act 1971
- Duress
- Intoxication
- Self-defence
- Insanity and Automatism
- Stop and Search
- Arrest
- Detention, Interviews, Searches and Samples
☑️ Aspects of Family Law 12 topics
- Marriage and Civil Partnership
- Cohabitation
- Legal Rights and Obligations of Marriage/Civil Partnership and Cohabitation
- Nullity
- Divorce and Dissolution
- Judicial Separation
- Financial Orders Available to the Court on Divorce/Dissolution
- Factors the Court will take into Account whne Deciding what Order to Make
- Orders for Children
- Parenthood and Parental Responsibility
- Children's Rights
- Disputes over Children
☑️ Consumer Law 9 topics
- Sale of Goods - Consumer Rights Act 2015
- Obtaining Help and Advice
- Supply of Goods and Services - Consumer Rights Act 2015
- Unfair Trading
- Distance Selling
- Consumer Protection Act 1987
- Contractual Clauses
- Common Law Rules
- Protection Given by Statute
☑️ Contract Law 11 topics
- Offers and Invitation to Treat
- Acceptance
- Consideration
- Intention to Create Legal Relations
- Express Terms in Different Types of Contract
- Implied Terms
- Exlusion Clauses
- Validity of a Contract
- Who has Rights Under a Contract
- Discharging a Contract based on Performance or Breach
- Damages and Injunctions as Remedies for Breach
☑️ Aspects of Tort 10 topics
- Objectives of the Law of Tort
- Law Relating to Duty of Care, Breach and Damage
- Psychiatric Harm
- Aim and Calculation of Damages
- Economic Loss
- Negligent Misstatements
- Occupiers' Liability
- Vicarious Liability
- Private Nusiance
- Rylands v Fletcher Liability
Level 3 Applied Law BTEC Revision Content
Take a look at the written content available for this course. Practice-question availability may vary.
Level 3 Applied Law BTEC - Dispute Solving in Civil Law - Features of Civil Law Content Preview
Dispute Solving in Civil Law
Features of Civil Law
FEATURES OF CIVIL LAW
Meaning and Purpose
- Civil law, also known as private law, governs relationships between individuals and organisations.
- The main focus of civil law is to resolve disputes and provide compensation for someone injured by someone else's act or failure to act.
- It covers a range of issues, including property disputes, family law (such as divorce and custody), and contract law.
Parties Involved
- Parties in a civil law case are called the claimant (the party who brings the claim) and the defendant (the party against whom the claim is brought).
- Both individuals and businesses can be parties in a civil law case.
Standard of Proof
- The standard of proof in civil law is the 'balance of probabilities', meaning it must be more likely than not that the claimant's account of events is true.
- This is lower than the 'beyond reasonable doubt' standard used in criminal law.
- The claimant typically bears the 'burden of proof', meaning it is their responsibility to collect and present enough evidence to convince the court that their account of events is correct.
Types of Remedies
- In civil law, the goal is often to put the claimant back into the position they would have been in if the civil wrong had not occurred.
- Remedies in civil law can include compensation (damages) for loss or harm suffered, specific performance (an order to fulfil a contractual obligation), or an injunction (an order to stop doing something).
- Damages can be compensatory (for actual loss suffered), punitive (to punish the defendant), or nominal (when a legal wrong has occurred, but no real loss has been suffered).
Legal Representation
- Parties in a civil case have the right to be represented by a solicitor or a barrister.
- Legal representation can be costly, though some parties may qualify for legal aid depending on their financial circumstances.
- Some parties may choose to represent themselves, known as 'litigants in person'.
Court Hearings
- Civil law hearings are usually held in public, in a county court or in the High Court, depending on the seriousness and complexity of the case.
- During a hearing, both parties will present their case through their legal representative, offering evidence and testimony to support their respective positions.
- The judge then makes a decision based on the evidence presented, delivering a judgement which sets out the conclusions and the remedies, if any.
Question: Describe the main purpose of civil law and give an example of the type of dispute it would aim to resolve.
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