0.1 - Basics of law Flashcards
What is law?
Law is a body of rules, imposed and enforced, among the members of a given state.
What is public law?
Law that governs the relationship between the state and its citizens.
What is statute law?
Laws passed by parliament.
(written law)
What is private law?
Law that creates rights enforceable between individuals.
What is common law?
Laws created by judges.
(unwritten law)
What is natural law?
Law based on natural moral principles.
What is positive law?
Law created by rulers.
What are social norms?
Unwritten rules of how to behave. They provide us with an expected idea in a particular social group or culture.
What is burden of proof?
It is a party’s duty to produce sufficient evidence to support an allegation or argument.
What is civil law?
It concerns the rights and duties that people or companies owe to each other and is enforceable between private individuals.
What is the aim of civil law?
To compensate those whose rights have been violated.
How would civil law look like in court? And what is the burden of proof?
The claimant can sue the defendant. The defendant may be found liable on the balance of probabilities. This can be thought of as tipping the scales of justice in favour of one party or a 51% target: if this is reached then the case is won.
The burden of proof is usually on the complainant.
What are the main branches of civil law?
Contract law
Law of tort
Family law
Company law
What are the main civil courts?
County court
High court
What is criminal law?
It creates criminal offences and punishes those who commit them.
