2. Nature Of Law: Law And Society

Question 1

Difference between morals and laws?

Answer 1

Moral concepts are optional but may lead to a greater sanction.

Question 2

What’s the philosophical study of law known as?

Answer 2

Jurisprudence “jurists”

Question 3

Two controversial laws to balance conflicting interests?

Answer 3

Sexual Offences Act 1967 - legalise homosexuality

Hunting Act 2004 - sought to stop fox hunting

Question 4

What is fault known as?

Answer 4

Mens rea - “guilty mind”

Question 5

What are offences that don’t need fault called?

Answer 5

Strict liability offences

Question 6

Give an example of a strict liability offence

Answer 6

Breaches of food safety regulations

Question 7

What are the five arguments for a fault based system?

Answer 7

• Limits court action
• Limits financial liability
• Deters crime and commission of torts
• Punishes the wrongdoer
• Wrongdoer is accountable to society

Question 8

Four arguments against the fault based system

Answer 8

• unpredictability
• Inefficient (court time etc.)
• Unjust distinctions (e.g. Vitim that can’t proof negligence)
• Improper focus - finding someone to blame rather than compensation and correcting consequences

Question 9

5 alternatives to a fault based system

Answer 9

Insurance (like car insurance)
Social security
Specific incidents (kings cross fire)
No fault systems (e.g. proof of injury)
No win no fee (as in personal injury)

Question 10

How is fault established in civil law?

Answer 10

Burden of proof on claimant to prove liability on the balance of probability

Question 11

How is fault established in criminal case?

Answer 11

Burden of proof on prosecution to establish guilt beyond reasonable doubt