Chapter 1: Types of Law

Question 1

Definition of Criminal Law

Answer 1

Criminal law relates to conduct of
which the State disapproves and which
it seeks to control. It is a form of public
law.

Question 2

What is the purpose of Criminal law?

Answer 2

The enforcement of
particular forms of behaviour by the
State, which acts to ensure
compliance.

Question 3

Who is the case brought by in Criminal law?

Answer 3

In criminal law the case is brought by
the State in the name of the Crown. A
criminal case will be reported as R v …,
where R stands for Regina or Rex.
Regina means the Latin for ‘queen’ and
Rex for ‘king’.

Question 4

Who is the burden of proof on in Criminal law?

Answer 4

On the prosecution.

Question 5

What is the standard of proof required in Criminal law?

Answer 5

Guilt must be shown beyond reasonable doubt (high standard of proof).

Question 6

What is the object of Criminal law?

Answer 6

To regulate society by the
threat of punishment.

Question 7

What are the results in a Criminal court?

Answer 7

If found guilty the criminal court will
sentence the accused and it may fine
them or impose a period of
imprisonment. If innocent the accused
will be acquitted.

Question 8

Definition of Civil law

Answer 8

Civil law is a form of private law and
involves the relationships between
individual citizens.

Question 9

What is the purpose of Civil law?

Answer 9

To settle disputes between individuals and to provide remedies.

Question 10

Who is the case brought by in Civil law?

Answer 10

In civil law the case is brought by the
claimant, who is seeking a remedy. The
case will be referred to by the names of
the parties involved in the dispute, such
as Brown v Smith.

Question 11

Who is the burden of proof on in Civil law?

Answer 11

On the claimant.

Question 12

What is the standard of proof required in Civil law?

Answer 12

Liability must be shown on the balance of probabilities (lower standard of proof).

Question 13

What is the object of Civil law?

Answer 13

Usually financial compensation
to put the claimant in the position they
would have been in had the wrong not
occurred.

Question 14

What are the results in a Civil court?

Answer 14

The civil court will order the defendant to
pay damages or it may order some other
remedy, e.g. specific performance or
injunction.

Question 15

What are the two main sources of law in England and Wales?

Answer 15

Statute law and Case law

Question 16

What is Statute law?

Answer 16

Laws made by Parliament through direct legislation and delegated legislation.

Question 17

What is Case law?

Answer 17

Also known as common law; law which has been developed over time by judges when deciding the outcome of cases brought before the courts.

Question 18

What is the relationship between statute law and case law?

Answer 18

Statute law (i.e. legislation) takes precedence over case law.

Question 19

What is the supreme legal authority in England and Wales?

Answer 19

Parliament

Question 20

Who has the authority to enact any law it wishes?

Answer 20

Parliament

Question 21

What does Parliament do?

Answer 21

Parliament makes new laws, holds the power to set taxes and debates the issues of
the day.

Question 22

How is the House of Commons formed?

Answer 22

Members of Parliament of elected.

Question 23

How is the House of Lords formed?

Answer 23

Not elected, but include people who have inherited their position or been awarded it due to their contribution to society.

Question 24

What is the House of Commons role in Parliament?

Answer 24

In the House of Commons, Members of Parliament (MPs) debate Bills and then vote
on them to decide whether they should become laws.

Question 25

What is the House of Lords role in Parliament?

Answer 25

Members of the House of Lords will use their experience in business, politics and/or
society as a whole to consider the advantages and disadvantages of a Bill and
suggest improvements.

Question 26

How is a new law created?

Answer 26

To create a new law (Act of Parliament) a Bill is passed through both houses of
Parliament: the House of Commons and the House of Lords, before gaining Royal
Assent (a formality when the Monarch agrees to make the Bill into an Act of
Parliament)

Question 27

What Act is usually passed with regards to delegated legislation?

Answer 27

‘Enabling’ Act

Question 28

What are 3 examples of delegated legislation?

Answer 28

Statutory Instruments: made by Government Ministers
Bye-laws: Made by local authorities
Orders in Council: Made by the Privy Council in the name of the Monarch on the advice of the Prime Minister.

Question 29

What is Case law?

Answer 29

These cases illustrate the way in which the law is made by judges in areas where no legislation exists or the precise meaning of the wording of the legislation needs clarifying.

Question 30

What is the doctrine of judicial precedent?

Answer 30

The system, adopted by the judges, of following the decisions in previous similar
cases is called the doctrine of judicial precedent.

Question 31

What is a binding precedent?

Answer 31

They must be followed in later cases, it is only binding if it was made by a higher level court and the material facts of the case are the same.

Question 32

What is a persuasive precedent?

Answer 32

A judge in a later case may choose to follow it but it is not bound to do so.