ELS Nature Of Law Flashcards

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1
Q

One difference between norms of behaviour and laws

A

Norms develop over time ans laws can change instantly

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2
Q

Second difference of norms of behaviour and laws

A

Norms are ought to be obeyed whereas laws must be obeyed

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3
Q

Third difference between norms and laws

A

Norms are enforced by the disapproval of the community whereas laws are enforced by the law

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4
Q

Last difference between norms and laws

A

Norms are voluntary and only apply to those who accept them whereas laws are obligatory and apply to everyone

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5
Q

What does the criminal law set out

A

Types of behaviours which are forbidden and risk punishment

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6
Q

Civil law

A

Private disputes between an individual and a business

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7
Q

Civil laws deal with

A

Human rights
Family law
Employment law

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8
Q

Law of tort in civil law

A

Where one person owes a legal responsibility to another even though there is no contract between them and breaches it eg: driving

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9
Q

Law of contract in civil law

A

Where parties have made an agreement and one side does not keep to their side of the bargain eg: buying goods

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10
Q

Purpose of criminal law

A

Maintain law ans order ans protect society

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11
Q

Purpose of civil law

A

Uphold rights of individuals

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12
Q

Person starting the case in criminal law

A

The state through the crown prosecution service

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13
Q

The person stating the case in civil law

A

The individual who’s rights have been affected

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14
Q

Courts hearing the cases of criminal law

A

Magistrates ans crown court

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15
Q

Courts hearing the cases of civil law

A

County / high court

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16
Q

Standard of proof for criminal law

A

Beyond reasonable doubt

17
Q

Standard of proof in civil law

A

Balance of probabilities

18
Q

Person making the decision in criminal law

A

Magistrates or judge ans jury

19
Q

Person making the decision in Cingular law

A

The judge

20
Q

Decision for criminal law

A

Guilty/ not guilty

21
Q

Decision for civil law

A

Liable / not liable

22
Q

Powers of the court in criminal court

A

Prison
community order
Fine
driving ban

23
Q

Power of court in civil law

A

Usually awarded for damages ans injunction

24
Q

Definition of custom

A

A rule which develops in a community without being deliberately invented

25
Q

Definition of common law

A

Laws that have never been defined in an act of parliament

26
Q

Definition of statue of law

A

Laws created by parliament in an act of parliament

Can create change and revoke laws

27
Q

Definition of Case law

A

Doesn’t create new laws but shapes a law that already exists

28
Q

Sources of law

A

Common Law

Statue Law