Chapter 1 Flashcards
Norms of behaviour
Behaviour that the particular society has over a long period of time , which is like a normal behaviour for them
Rule
Is something that determines the way in which we behave
Law
Has been described as a formal mechanism of social control, set of rules imposed and enforced by the state.
Unwritten ‘rules’ within communities
These come from local custom or practice, or they maybe connected to religious beliefs-this can be regarded as a norm of behaviour.
If break the rules the community may disapprove your behaviour.
Norms
They are values, customs and traditions which represent individuals basic knowledge of what others do and think that they should do-they evolve slowly through time .
Norms e.g(religion)
Norms can be based on religion ideas:
The bible teaching provides a code for Christians communities and the teaching in the Koran for Muslims.
Law reflect morality
Law of the country will usually effect the moral values, but the law is unlikely to be exactly the same as the common religious moral code: e.g
Is adultery
Law-summary
- Can change instantly
- must be obeyed
- are enforced by the courts
- are obligatory and apply to everyone
Norms of behaviour-summary
- develop over time
- ought to be obeyed
- are enforced by disapproval of the community
- are the voluntary and apply only to those who accept them
Moral values
Communities lay down a framework for how people should behave.
Concepts of morality differ from culture to culture
Ride to Die
This is another way that law and morality can be in conflict:
In medical cases, doctors and nurses should act in the best interest to the patient. Where a patient is capable of deciding what treatment they wish to receive, then the medical staff must act in line with those wishes.
A good example of this conflict (Adult:refusal of Medical Treatment 2002)
Differences between law and morality
Morality can’t be deliberately changed, it can evolve slowly and changes according to the will of the people.
However law can be changed quickly overnight, behaviour which was lawful can be declared unlawful.
Morality and Justice
Peoples ideas of what justice is may be founded on their religion beliefs and the moral code they follow
Justice
Means different things to different people-behaviours or treatment
Common law
Judges make ‘common law’
-judges make PRECEDENT law-any upcoming case that is similar, they must go off unless the parliament takes over.
Statutory law
Parliament made ‘statutory law’
-parliament can make any law they want
Parliamentary sovereignty
Parliament overrules common laws
How will the law be enforced ?
In England there are rules on how police, courts, juries, judges and prisons operate-this is called PROCEDURAL LAW
How will law makers be kept in check ?
In the UK, lawmakers I.e government/parliament are kept in check by the voters
Rule of law
Means governments can’t break or act above
Universal suffrage
Every person over 18 can vote
Referendum
When the public gets asked yes or no
Criminal law
Are crimes against people and property and are punishable through prisons and fines
Civil law
Covers every other of law
Equity
Means fairness under the law
Substantive law
Is the technicality and detail of law
-our criminal law is ADVERSARIAL-prosecutor v defendant
Inquisitorial
The judge makes information based on information
Customers law
Laws passed down by religion
How can law be changed ?
By us voting for mp’s
Regulatory
How things should be carried out
Main aspect of our legal system
- everyone is under the rule of law
- our legal system based on fairness and equity
- there are procedural rules on how police and courts operate
Subjective
Own opinion
Objective
Neutral stand point
Civil law
Its about private disputes between individuals/ or business Different types of civil law : -law of tort -contract law -human right - family law -employment law -company law
Difference between civil and criminal law
Civil law- upholds the rights of individuals and the courts can order compensation
Criminal law- is aimed at trying to maintain law and order
Person staring the case
In civil cases— the person staring the case is the individual or business which has suffered as a result of the breach of civil law
Criminal cases —are taken on behalf of the state, so there is an Crown Prosecution Service ((CPS)and they provide evidence for the court) responsible for most cases
Person staring the case
The person starting the case is given different names in civil and criminal cases
Civil cases-CLAIMANT
Criminal cases-PROSECUTOR
Civil cases
High court-deals with more serious cases
County court- deals with cases of lower value
Family cases, however take place in the family court
Criminal cases
Will be tried in either the Magistrates court or the crown course
Magistrate course- deals with less serious offences and the case is tried by a panel of lay magistrates or by a single legally qualified District judge
Crown court- judge sitting with a jury decides verdict ‘guilty or not guilty’
Standard of proof
Criminal cases must be proved “beyond reasonable doubt”-this is a very high standard of proof
Civil case have to be proved “on the balance of probabilities”-this is a much lower standard of proof, where judge decides who is most likely right.
Standard proof
The difference in standard proof means that it is possible for a defendant who has been acquitted in a criminal case to be found liable in a civil case based on the same facts.
Outcome of case.
A defendant in a civil case is found ‘liable’ or ‘not liable’.
A defendant in a criminal case is found ‘guilty’ or ‘not guilty’-another way of stating it in criminal cases is by saying ‘convicted’ or ‘acquitted’
