Concepts and Sources of Law Flashcards
What is a rule?
A prescribed guide spelling out the proper conduct or procedure of something.
What is justice?
A concept that establishes everyone as having an equal right to basic liberties and opportunities as other individuals
What is equality?
The condition of possessing the same rights, privileges, and immunities, and being liable to the same duties.
What is equity?
A body of laws that are based on the principles of fairness.
What is morality?
A system of values, normative rules, or principles according to which intentions or behaviours are judged to be good or bad, right or wrong.
What is freedom?
The power of acting, in the character of a moral personality, according to the dictates of the will, without other check, hindrance, or prohibition than such as may be imposed by just and necessary laws and the duties of social life.
What is EC Law?
ْthe first source of law; When Parliament decided the UK should join the EC, and so passed the power to make laws in the UK to Europe in certain, defined areas
What is primary legislation?
the second source of law; also known as statute/Act of Parliament/legislation; it is enacted by Parliament
What is secondary legislation?
the third source of law; “delegated legislation”; made by a body that isn’t Parliament but under their authority; it takes three forms, namely bylaws, statutory instruments, and orders in council
What is case law?
“judge-made” law; from decisions made in court; if case law and legislation conflict, legislation takes primacy (reflective of PS)
What is custom?
custom; an example is tribal laws; of little modern significance
What is the difference between case and common law?
They are used interchangeably because when the common law is referred to as a source, it is case law.
However, common law refers to the wider legal system which was developed in medieval England and has evolved throughout the centuries since. It relies deeply on case law, using the judicial decisions and precedents, to change over time.
What is the difference between common law as a system and common law?
Common law as a source of law is the case law, which heavily involves Judge-made cases and precedents. Common law as a system of law is the law that applies to everyone.
What is jurisdiction?
Jurisdiction holds two meanings: one is the power to decide whether or not this is the court that should handle this particular case, or the invisible reach of the law which has to stop at certain borders, or in other words, the extent to which the legal authority can exercise its power
