Criminal /Civil Law Assignment

1. What is the difference between Civil and Criminal Law?

2. What are the main sources of law?

3. What is precedent?

4. When can a court’s decision bind another court?

5. What is
1. The ratio decidendi of a case
2. Meant by the term obiter dicta

6. What are the main remedies in a civil case?

7. What are the main remedies in a criminal case?

Problem:

In the following scenario can you consider which area(s) of law potentially could be involved:

Gary Spott has a stressful day as an employee of Darkleigh Borough Council.

On Tuesday morning Gary was on his way in the Parks Department truck to plant some flowers in Blenheim Gardens but stopped off on his way to have breakfast with some mates in Den’s Cafe. Unable to find a space in the street he parked the truck in the next-door car park of Bo-Peep Modelling Agency owned by Deirdre Smith.

During breakfast Gary had an argument with the proprietor, kicked up a violent fuss, threw his cup of tea at the wall, knocked over a table and stomped out without paying.

When he reached the truck he found that the vehicle had been clamped. In the end he had to pay £80 for the clamp to be removed by Bo-Peep’s security guard. As he was about to leave the premises Gary punched the guard in the face and knocked him to the ground.

Driving off in a fury Gary crashed into and badly damaged a parked motorcycle but did not stop until he reached the Fighting Cock public house.

In the public bar he shouted out that Deirdre and her employees at Bo-Peep were “thieves” who were running a “filthy little brothel” and that “no-one should do business with them.”

After drinking six pints Gary left the pub and on his way out slipped a large ashtray into his jacket pocket. He then drove to Blenheim Gardens and started haphazardly planting the flowers.

While he spent his day doing this he played music on his radio so loudly that at one point two clerks in a nearby office came out to protest. Gary yelled at them to “...go away or I’ll kick your heads in” and turned up the radio even more.

By the time Gary returned to the depot at 4.00pm the Parks Superintendent had received several strong complaints about him. The superintendent told Gary to collect all his gear and leave immediately without returning. He was sacked.

Gary was not in a good mood when he got home to be told by his wife that she was going to divorce him for his violent behaviour and would claim custody of their children. He grabbed the ashtray from his pocket, hit her over the head and locked her unconscious in the cupboard under the stairs. The police knocked on Gary’s door later that evening and arrested him.....

1)      Discuss the types of liability involved (civil, criminal, etc)

2)      Identify the courts which may try the cases arising

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