1) Nature of Law Flashcards
Definition of a rule.
a general norm mandating or guiding conduct.
Why is a rule followed?
Moral obligation,
Reasonable & relevant,
Penalty may be imposed.
Meaning of tort.
Wrong.
What is a principle?
develops overtime, can be personal or general.
What is a legal rule?
A law that has to be followed.
Who is the law imposed by?
The head of state (the Queen).
What did laws previously reflect?
Religion.
What act decriminalised homosexuality and abortion?
Criminal Justice Act 1967.
Is euthanasia a crime in the UK?
Yes, however some exceptions have been made.
Airedale NHS Trust v Bland [1993].
Charlie Guard.
Re B (Adult: Refusal of Medical Treatment) [2002].
RE A (conjoined twins) [2000].
Mary & Jodie Mary couldn’t survive Surgery to separate them Parents refused Medics claimed appeal from courts and were allowed Mary passed, Jodie was saved Jodie had the right to life.
Definition of Justice according to Lord Wright.
“What is just in a particular case is what appears just to a just man”.
Examples of unjust judgments.
London & North Easyern Railway Co. v Berriman [1946] AC 278.
Alcock v Chief Constable of South Yorkshire [1992]
What is Civil Law?
Deals with private disputes between individuals and/or businesses.
What are the different types of Civil law?
Law of Tort Contract Law Family Law Employment Law Human Rights Law Company Law
What is criminal law?
sets out the behaviours forbidden at risk of punishment; a person who commits a crime is said to have offended against the state so the state has a right to prosecute them.