ELS - The nature of law (C1) Flashcards
What are the differences between ‘norms of behaviour’ and law?
Norms of behaviour:
- Develop over time
- Ought to be obeyed
- Are enforced by the disapproval of the community
- Are voluntary and apply only to those who accept them
Law:
- Can change instantly
- Must be obeyed
- Are enforced by the courts
- Are obligatory and apply to everyone
What is the legal definition of ‘Prosecutor’?
The person or organisation bringing a criminal charge against a defendant.
What is the legal definition of ‘Claimant’?
The person or organisation starting a civil claim in the courts.
What is the purpose of criminal law?
Maintaining law and order so that when a person is found guilty of an offence, that offender will be punished, protecting society.
What is the purpose of civil law?
Upholds the rights of individuals and the courts can order compensation in effort to put the parties back to the position they would have been in if there had not been any breach of the civil law.
What courts feature in the criminal courts (that hold a trial)?
Magistrates’ Court
Crown Court
What courts feature in the civil courts (that hold a trial)?
County Court
High Court
Which court has a jury?
Crown Court
What is the standard of proof for criminal cases?
‘Beyond reasonable doubt’
What is the standard of proof for civil cases?
‘On the balance of probabilities’
What does the ‘on the balance of probabilities’ mean?
That the defendant is more likely than not to have committed a civil wrong, and are therefore liable for the wrong.
What are the possible verdicts in criminal cases?
Guilty (convicted)
or
Not guilty (acquitted)
What are the possible verdicts in civil cases?
Liable
or
Not liable
What is custom law?
Rules developed by a community that aren’t deliberately invented. They act as the basis of our common law.
What is common law?
Unwritten law developed from customs and judicial decisions.
