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Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Norms of behaviour

A

Behaviour that the particular society has over a long period of time , which is like a normal behaviour for them

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2
Q

Rule

A

Is something that determines the way in which we behave

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3
Q

Law

A

Has been described as a formal mechanism of social control, set of rules imposed and enforced by the state.

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4
Q

Unwritten ‘rules’ within communities

A

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.

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5
Q

Norms

A

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 .

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6
Q

Norms e.g(religion)

A

Norms can be based on religion ideas:

The bible teaching provides a code for Christians communities and the teaching in the Koran for Muslims.

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7
Q

Law reflect morality

A

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

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8
Q

Law-summary

A
  • Can change instantly
  • must be obeyed
  • are enforced by the courts
  • are obligatory and apply to everyone
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9
Q

Norms of behaviour-summary

A
  • 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
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10
Q

Moral values

A

Communities lay down a framework for how people should behave.
Concepts of morality differ from culture to culture

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11
Q

Ride to Die

A

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)

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12
Q

Differences between law and morality

A

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.

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13
Q

Morality and Justice

A

Peoples ideas of what justice is may be founded on their religion beliefs and the moral code they follow

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14
Q

Justice

A

Means different things to different people-behaviours or treatment

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15
Q

Common law

A

Judges make ‘common law’

-judges make PRECEDENT law-any upcoming case that is similar, they must go off unless the parliament takes over.

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16
Q

Statutory law

A

Parliament made ‘statutory law’

-parliament can make any law they want

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17
Q

Parliamentary sovereignty

A

Parliament overrules common laws

18
Q

How will the law be enforced ?

A

In England there are rules on how police, courts, juries, judges and prisons operate-this is called PROCEDURAL LAW

19
Q

How will law makers be kept in check ?

A

In the UK, lawmakers I.e government/parliament are kept in check by the voters

20
Q

Rule of law

A

Means governments can’t break or act above

21
Q

Universal suffrage

A

Every person over 18 can vote

22
Q

Referendum

A

When the public gets asked yes or no

23
Q

Criminal law

A

Are crimes against people and property and are punishable through prisons and fines

24
Q

Civil law

A

Covers every other of law

25
Q

Equity

A

Means fairness under the law

26
Q

Substantive law

A

Is the technicality and detail of law

-our criminal law is ADVERSARIAL-prosecutor v defendant

27
Q

Inquisitorial

A

The judge makes information based on information

28
Q

Customers law

A

Laws passed down by religion

29
Q

How can law be changed ?

A

By us voting for mp’s

30
Q

Regulatory

A

How things should be carried out

31
Q

Main aspect of our legal system

A
  • 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
32
Q

Subjective

A

Own opinion

33
Q

Objective

A

Neutral stand point

34
Q

Civil law

A 
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
35
Q

Difference between civil and criminal law

A

Civil law- upholds the rights of individuals and the courts can order compensation
Criminal law- is aimed at trying to maintain law and order

36
Q

Person staring the case

A

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

37
Q

Person staring the case

A

The person starting the case is given different names in civil and criminal cases

Civil cases-CLAIMANT
Criminal cases-PROSECUTOR

38
Q

Civil cases

A

High court-deals with more serious cases
County court- deals with cases of lower value
Family cases, however take place in the family court

39
Q

Criminal cases

A

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’

40
Q

Standard of proof

A

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.

41
Q

Standard proof

A

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.

42
Q

Outcome of case.

A

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’

Law (7 decks)

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