2.2 Why classify laws? Flashcards
What are the three principal reasons for classifying laws?
- Ordering (labelling) function of classification
- Application
- Procedural justice
What is the objective of the first point of classification?
The object of any classification system is to make life easier by ordering many individual items and labeling them so that they can be more easily found or compared with other items groupd under different headings.
What is the feature after classifying laws?
The whole body of law is thus seperated into different categories that are mutually exclusive.
What is the objective of the second point of classification? (3 points)
Ascertaining which legal catorgories that certain facts belongs to.
Understanding the nature of the problems / question.
Offering a clue to the type of problem arising out of a particular set of facts or question that requires futher investigation.
Lawyer’s assignment of facts of law is ____ only. If the facts change, then the advice might also _____ .
Provisional, change
What is the objective of the third point of classification? (3 points)
Classification manifests the rule of law, allows the understanding of nature of the judicial process and the principle of “like cases should be treated alike”.