MCQ On Criminal And Civil Law

Explanation
The prosecutor takes action against the defendant in a criminal case that goes to court. The prosecutor is the legal representative of the government or state who presents the case against the defendant and seeks to prove their guilt. They gather evidence, question witnesses, and present arguments to convince the jury or judge of the defendant's guilt. The prosecutor's role is to advocate for the interests of the state and ensure that justice is served in the criminal case.

Explanation
A criminal case is typically first brought to the Magistrates Court. This court handles less serious offenses and acts as the initial stage in the criminal justice system. It has the power to issue warrants, conduct bail hearings, and determine whether a case should be heard in a higher court. The Magistrates Court is responsible for conducting trials and sentencing for minor criminal offenses, while more serious cases are transferred to the Crown Court. The County Court and High Court primarily deal with civil matters, not criminal cases.

Explanation
If the claimant wins their case in a civil action, the term given to the defendant is "liable". This means that the defendant is legally responsible or obligated to compensate the claimant for any damages or losses incurred. The term "liable" indicates that the defendant has been found at fault or responsible for the actions that led to the claimant's harm or loss.

Explanation
Civil liability refers to the legal responsibility of a defendant who has been found to have wronged another person. This means that the defendant has been held accountable for their actions or negligence, and they may be required to provide compensation or remedy for the harm caused to the claimant. It does not necessarily involve a prison sentence or a determination of guilt, but rather focuses on the defendant's liability for their actions in a civil court case.

Explanation
Specific performance is the correct answer because it refers to the legal remedy where a court orders a party to fulfill their contractual obligations as agreed upon. In this case, if a defendant is compelled to carry out particular actions, it means they are being ordered by the court to specifically perform their obligations under the contract, rather than just paying damages or facing other consequences.