Engineering Law Flashcards
What is the law
The law is a system of rules established by authority.
It can forbid behaviour, impose duties, and grant powers.
Social Conventions & Laws
Not all social conventions are legal rules.
Morality & Law
Morality and law can have differences.
Sources of Law
Legislative Law
Common/Case Law
Legislative Law
Consists of Constitutional Law and Statute Law
Legislative Law: Constitutional Law
structure, power and function of government and citizen’s rights
Legislative Law: Statute Law
laws passed by legislative body e.g. parliament
Common/Case Law
Legal precedents established through judicial decisions on past cases
Common/Case Law: Tort Law
wrongs committed by one party against another
Common/Case Law: Contract Law
formation, interpretation, enforcement of agreements between parties
Common/Case Law: Equity Law
remedies to injustices from strict application of common law
Categories of Law
International
Domestic
International Public Law
governs relationships between countries
International Private Law
Governs which country’s laws should apply to individuals with links to at least two countries
Domestic Public Law
Involving the state
Domestic Private Law
relationships of citizens and corporations, state establishes rules but is not concerned with punishment
The Three Institutions of Government & Their Functions
Government: Executive
Parliament: Legislative
Courts: Judicial
Seperation of Government Branches
Needs to be as much separation as possible for a fair democracy and ensure not branch has too much power. Rule of Law is upheld, ensuring laws are applied fairly and consistently.
Rule of Law
all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders
No one is above the law
Government’s Role
govern, implement, enforce laws. Defend state, maintain international relations
Parliament’s Role
making and passing laws
House of Commons
Elected, debate, propose, amend laws. Challenges government’s work
House of Lords
Appointed and hereditary peers with expertise. Review and revises legislation from house of commons.
Court’s Role
interpreting laws, ensure fair application