Chapter 1-The Nature Of Law Flashcards
Twining and Miers definition of a rule.
A general norm,mandating or guiding conduct.
Rules are generally obeyed for one of three reasons.
- because they carry with them a sense of moral obligation
- because the rule is reasonable and relevant
- because a penalty may be imposed if the rule is broken
Legal rules are enforced through?
The courts
Civil law is about private disputes between individuals and/or businesses. There are several types of civil law.
Name the main ones
Law of tort Contract law Human rights Family law Employment law Company law
Law of tort considers what situations
The tort of negligence
The tort of nuisance
The tort of negligence (but may involve occupiers liability and/or employer’s duty under health and safety regulations.)
The tort of defamation
When does a tort occur?
Where the civil law holds that,even thought there is no contract between them, one person owes a legal responsibility of some kind to another person, and there has been a breach of responsibility
When there is a situation which is continuing, it is also possible to award an injunction what is this?
This is an order to the defendant to do or stop doing something.
What is a contract?
It is where the parties have made an agreement and each side has put something into the agreement.
What can happen if one party to the contract has not kept to the bargain?
The other party can bring a claim against them.
Article 5 of European convention on human rights?
The right to liberty
Article 6(1) of the European convention on human rights
The right to a fair trial
Article 8 of the European convention on human rights?
The right to respect private life
Purpose of criminal law?
Maintain law and order
Aim to protect society.
Purpose of civil law?
Upholds the rights of individuals
Criminal cases are taken on behalf of what institution?
The state
Who is responsible for conducting most criminal cases?
Crown Prosecution Service
Who starts the case in civil law?
The individual or business who has suffered as a result of the breach of law.
What is a prosecutor?
The person or organisation bringing a criminal charge against a defendant.
What is a claimant?
A person or organisation starting a civil claim in the courts.
What courts will criminal cases be tried in?
Magistrates’ or Crown court.
Lay magistrates and District Judges try in which court?
Magistrates court?
Serious offences tried in the crown court are tried by?
A judge sitting with a jury.
In general civil cases are heard in which courts?
High courts
County courts
Criminal cases must be proved
Beyond reasonable doubt.
Civil cases have to be proved
On the balance of probabilities
A defendant in a criminal case is found
Guilty or not guilty
A defendant in a civil case is found
Liable or not liable
At the end of a civil case what happens
Anyone found liable will be ordered to put right the matter as far as possible.
Usually compensation, through the courts such as an injunction.
What is a custom
It is a rule of behaviour which develops in a community without being deliberately invented.
They are historically important
What is common law
It is unwritten law that developed from customs and judicial decisions.
Common law is created by who?
The judges and still important today.
Which was the earlier source of law?
Custom
Statute law
An act of parliament is law that has been passed by both Houses of Parliament and received royal assent.
What can statute law do?
Can create,change or revoke any law.
Consumer rights act 2015
Statute law can bring together all the existing law in a single Act of parliament.
