1: Nature of Law Flashcards
1
Q
What are the 3 sources of law, and explain them?
A
- Custom - unwritten rules that are undeliberately established on traditional views within a community (taking off shoes)
- Common Law - unwritten law developed from customs and judicial decisions based on relevance to society
- Statute Law - written law from Parliament passed by both Houses of Parliament and received by Royal Assent.
2
Q
What courts deal with criminal law and civil law?
A
Criminal Law = Supreme, Court Of Appeal, Crown Court, Magistrates and High Court
Civil = High Court, County Court and Court of Appeal
3
Q
What is the standard of proof for criminal and civil?
A
Criminal = Beyond reasonable doubt
Civil = On the balance of probabilities
4
Q
What are the two parties called in criminal vs civil?
A
Criminal = Defendant and Prosecutor
Civil = Defendant and Claimant
5
Q
What is the decision between criminal vs civil?
A
Criminal = Guilty or not guilty
Civil = Liable or not liable