English Legal System Flashcards
What are rules and why do we obey them?
Law has been described as a formal mechanism of social control or a set of rules imposed and enforced by the state.
Law and morality
- Different societies have different moral standards.
- Religions often helps to share our concept of morality
The right to die
Assisted suicide is illegal in Britain , but when a patient has sufficient mental capacity to refuse ,education treatment, there wishes must be respected. Even if it means they die
CASE : RE B (adult: refusal of medical treatment 2002)
Differences between law and morality
Morality evolves over time according to the will of people. Behaviours that were considered unacceptable years ago may now be considered acceptable and vice versa
Law and justice
Justice means different things to different people.
What is civil law?
Is about private disputes between individuals and or businesses: focus on compensating/protecting the victim
Regulates rights, duties and liabilities between individuals.
E.g, contract law, family law, property law, law of tort.
Law of tort?
Law of tort applies when even though there is no official contract between parties, one part owes a duty to the other.
Law of contract?
Where a contact exists between parties for example a new car with a faulty engine
- a contract exists where one side has paid money and the other has not kept up their side of the contact, then a claim can be made
