Introduction to Law

teachlawhub
Aug 31
6 min read

Updated: 16 hours ago

When you begin to study law in the UK, one of the first and most important foundations to understand is the difference between civil law and criminal law. These two branches of law have very different purposes, processes, and outcomes. Knowing how they differ will help you make sense of the entire legal system, from who brings a case to court, to which judges hear it, to what the final decision means.

Civil law is concerned with settling disputes between individuals, businesses, or organisations, while criminal law focuses on punishing behaviour that is considered an offence against society or the state. This difference affects everything: the names of the courts, the terminology used, the standard of proof required, and even the roles of the people involved in the case.

This foundational knowledge is important for every law student. Whether you’re studying case law, learning about court structures, or following real life trials in the news, recognising whether something is a civil matter or a criminal one will help you understand the rules, the procedures, and the potential outcomes. In this TeachLaw introduction to law blog, we will break down these two types of law, explain their separate court hierarchies, and explore how criminal offences are categorised in the UK.

Civil Law vs Criminal Law

Civil law deals with disputes between individuals, groups, or organisations. Its main aim is to resolve and settle the disputes between individuals and organisations and it often involves compensation or a remedy being awarded to the winning party with the aim of putting things right and not punishing the parties. The person bringing/starting the case is called the claimant, and the person defending the claim is the defendant. The decision is called a judgment, and the defendant will either be found to be liable or not liable. The usual outcome if the defendant is found to be liable is a remedy such as compensation (damages) or an injunction. Here cases are decided by using the standard of proof known as the balance of probabilities. Civil cases can be recognised by how the case name is written. Civil cases will have two names; the first name will refer to the claimant and the second will be the defendant. An example is Donoghue v Stevenson (1932), the famous snail in the bottle negligence case.

Criminal law is different as it deals with offences against the state or society. The aim of criminal law is to punish wrongdoers and deter them and others from committing future crimes. Here, the case is brought by the prosecution (usually the Crown Prosecution Service, CPS) against the defendant, the person who has committed the crime. The decision is called a verdict, and the defendant will either be found guilty or not guilty and punishments can include prison, fines, or community sentences. Here cases are decided by using the standard of proof known as beyond all reasonable doubt. Criminal cases are written as follows R v Dudley and Stephens (1884) (a case where two shipwrecked sailors were tried for murder.) Here the R refers to Rex or Regina which is the Latin name for the King or Queen, this shows the Crown (CPS) bringing the case against the defendant who has committed the crime.

The UK Court Structure Diagram

UK Civil Court Structure

The civil court hierarchy starts with the County Court and High Court and ends at the Supreme Court.

County Court: This is the lowest civil court in the hierarchy. This is where most civil claims begin, such as contract disputes, property issues, or personal injury claims under £100,000. This is known as a court of first instance, this means that this court will hear cases for the first time (eg the first time the case will have ever been to court). There are two types of judges that will hear cases in the County Court, District Judges (handling smaller claims) and Circuit Judges (handling more complex cases). There is no jury in civil trials, here the judge decides the outcome (liable or not liable).
High Court: This is a court of first instance and an appeal court (this means that it can hear cases for the first time, and it can hear cases that are on appeal from the County Court). Again there is no jury in the High Court, cases are heard by High Court Judges and they will decide the outcome of the case.

The High Court is divided into three specialist divisions:

King’s Bench Division: Handles high value contract and tort claims, judicial review, and defamation cases.
Chancery Division: Deals with business disputes, land law, and wills/probate issues.
Family Division: Handles divorce, adoption, and child welfare cases.

Court of Appeal (Civil Division): This is an appellate court, this means that this court will only hear appeal cases. The Court of Appeal Civil Division will hear appeals from the High Court, County Court, and certain tribunals. These appeals are heard by Lord Justices of Appeal.
Supreme Court: This is the highest court in the UK. It is an appellate court and will hear appeals. It hears cases of the greatest public or constitutional importance, often involving points of law that need clarification. Decisions here set binding precedents for all lower courts. Here cases are heard by judges who are called the Justices of the Supreme Court.

UK Criminal Court Structure

Magistrates Court: This is the lowest court in the criminal court hierarchy, this is a court of first instance. This is where all criminal cases start. It deals with summary offences (less serious crimes like minor assaults, shoplifting, or motoring offences) and conducts preliminary hearings for more serious crimes. Cases are heard by Lay Magistrates (volunteer judges who have no legal training) or District Judges (legally qualified judges). There is no jury in this court, the Magistrates will hear the case and all the evidence before deciding whether the defendant is guilty or not guilty. If the defendant either pleads guilty or is found guilty then the Magistrates will decide the sentence, they can give prison sentences of up to six months (or 12 months for multiple offences).
Crown Court: This is another court of first instance in the criminal court structure, it can also hear appeals from the Magistrates Court. The main role of the Crown Court is to hold trials for serious offences (indictable offences) and some triable either way offences that have been sent up from the Magistrates’ Court. Trials here are presided over by a Judge and decided by a jury of 12 members of the public. The Crown Court also hears appeals from the Magistrates’ Court. Judges in this court can be Circuit Judges, Recorders (part-time judges), or High Court Judges (for the most serious cases). Here the jury will hear all the evidence and then decide whether the defendant is guilty or not guilty. The judge will control the court room, preside over the case and give an appropriate sentence if the defendant is guilty.
High Court (King’s Bench Division): This is an appellate court, it will hear case stated appeals from the Magistrates Court. Case stated appeals are very specific, this is where parties are appealing that the Magistrates have made an error based upon a point of law. This appeal will be heard by a High Court Judge.
Court of Appeal (Criminal Division): This is an appellate court. The Court of Appeal Criminal Division will hear appeals from the Crown Court, usually when the defendant claims that their conviction was unsafe or that their sentence too harsh. Appeals are heard by Lord Justices of Appeal, who may overturn convictions or reduce sentences if they find errors in law or procedure.
Supreme Court: This again is the highest appeal court in the UK and the Supreme Court will only hear appeal cases. It hears the most important criminal appeals only, here the case must contain points of law that are of great public importance. These cases are rare and are heard by Justices of the Supreme Court.

Types of Criminal Offences

Criminal offences in England and Wales are divided into three categories:

Summary offences: The least serious crimes, such as assault, battery, speeding. These are always tried in the Magistrates Court.
Triable either way offences: These can be considered both minor and serious depending upon the facts and circumstances of the case. Triable either way offense can either be tried in either the Magistrates Court or Crown Court, depending on their seriousness and complexity. Examples include Theft or assault occasioning actual bodily harm (ABH).
Indictable offences: The most serious crimes, such as murder, rape, or armed robbery. These are always sent to the Crown Court for trial.

In conclusion civil law settles disputes, criminal law punishes wrongdoers, and both have their own court structures and processes. If you can remember the key differences, you’re well on your way to mastering the basics of UK law.

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