1. Nature Of Law And Law Making Flashcards
What are the three sources of law?
Statute
Common
Custom
What is Statute law?
An Act of Parliament, passed into law. Passed by both houses and by the Monarch.
Does the UK have a constitution?
Not as one document. Constitution is made of statute law and judicial decisions.
What is Common Law?
When a judge makes a decision on a case. “Case law”. Judges follow a previous decision - this is called precedent.
What is custom law?
Where there is no legislation or common law - judge makes a decision based on traditions and customs. some are known as “conventions”.
What are the classifications of law?
Criminal
Civil
What is criminal law?
Refers to behaviours that have broken legal rules affecting members of society. State will lead prosecution.
What is civil law?
Regulates rights, liabilities and duties between individuals.
What are laws?
A set of enforceable legal rules which the whole society must abide by.