1: Nature of Law Flashcards

1
Q

What are the 3 sources of law, and explain them?

A
  1. Custom - unwritten rules that are undeliberately established on traditional views within a community (taking off shoes)
  2. Common Law - unwritten law developed from customs and judicial decisions based on relevance to society
  3. Statute Law - written law from Parliament passed by both Houses of Parliament and received by Royal Assent.
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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

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3
Q

What is the standard of proof for criminal and civil?

A

Criminal = Beyond reasonable doubt

Civil = On the balance of probabilities

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4
Q

What are the two parties called in criminal vs civil?

A

Criminal = Defendant and Prosecutor

Civil = Defendant and Claimant

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5
Q

What is the decision between criminal vs civil?

A

Criminal = Guilty or not guilty

Civil = Liable or not liable

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