Categories and Sources of Law Lecture # 2

Question 1

Why is law important?

Answer 1

Law helps maintain social order by resolving conflicts and regulating behavior.

Question 2

What are the four major legal systems?

Answer 2

Civil Law, Common Law, Socialist Law, and Islamic Law.

Question 3

What is the key difference between common law and civil law systems?

Answer 3

1. Common Law: Based on judicial decisions (case law).
2. Civil Law: Based on legal codes and statutes.

Question 4

What is the difference between common law and statute law?

Answer 4

1. Common Law: Judge-made law based on precedent.
   2.. Statute Law: Legislation created by the government (e.g., Acts of Parliament)

Question 5

What is the difference between private law and public law?

Answer 5

1. Private Law: Governs relationships between individuals (e.g., contracts, torts).
2. Public Law: Governs relationships involving the government (e.g., criminal law, administrative law)

Question 6

How do civil and criminal law differ?

Answer 6

1. Civil Law: Deals with disputes between individuals and seeks remedies.
2. Criminal Law: Deals with offenses against the state and seeks punishment.

Question 7

How does the burden of proof differ in civil and criminal cases?

Answer 7

1. Criminal Law: The state must prove guilt beyond a reasonable doubt.
2. Civil Law: The case is decided on the balance of probabilities.

Question 8

What are the four primary sources of law?

Answer 8

1. Constitutions – Define government powers and individual rights.
2. Statutes (Legislation) – Laws enacted by Parliament.
3. Administrative Regulations – Rules set by government agencies.
4. Judicial Decisions (Case Law) – Court rulings that set legal precedents

Question 9

What is precedent in common law?

Answer 9

Precedent (stare decisis) means courts follow previous rulings to ensure consistency in law.

Question 10

What was the issue in Vauxhall Estates v. Liverpool Corporation (1932)?

Answer 10

Whether the 1925 Act or the 1919 Act applied in determining property compensation.

Question 11

What was the court’s decision Vauxhall Estates v. Liverpool Corporation (1932)?

Answer 11

The 1925 Act impliedly repealed the 1919 Act because it was inconsistent with the later law.

Question 12

What is domestic legislation?

Answer 12

Laws introduced by the government and enacted by Parliament.

Question 13

How do courts contribute to law?

Answer 13

Courts help interpret statutes and determine the practical effects of legislation.

Question 14

How do sources of law differ between England and China?

Answer 14

1. England: Follows a common law system where case law is an important source.
2. China: Follows a civil law system where legislation is the primary source, and case law is not binding.

Question 15

How do common law and civil law systems differ in legal sources?

Answer 15

1. Common Law: Case law and court decisions are the most important sources.
2. Civil Law: A legal code contains general principles and is the primary source.

Question 16

How do private and public law differ in scope?

Answer 16

1. Private Law: Deals with relationships between individuals (e.g., contracts, torts).
2. Public Law: Deals with relationships between individuals and the state (e.g., criminal law, administrative law).

Question 17

What is the key procedural difference between civil and criminal law?

Answer 17

1. Criminal cases: The prosecution must prove guilt beyond a reasonable doubt.
2. Civil cases: The plaintiff must prove the case on the balance of probabilities.

Question 18

What is the main legal difference between England and China?

Answer 18

1. England: Common law system where case law is important.
2. China: Civil law system where case law is not considered a source of law.