English Legal System

Question 1

What are the differences between norms of behaviour and laws?

Answer 1

Norms of behaviour develop over time, ought to be obeyed, are enforced by the disapproval of the community, are voluntary and only apply to those who choose to follow them. Laws can change instantly, must be obeyed, are enforced by the courts, are obligatory and apply to everyone.

Question 2

How does the purpose of Civil and Criminal Law differ?

Answer 2

Civil Law upholds the rights of individuals whereas Criminal Law aims to maintain Law and Order

Question 3

How does the standard of proof differ between Civil and Criminal Law?

Answer 3

Civil Law - on the balance of probabilities
Criminal Law - beyond all reasonable doubt

Question 4

How does the person starting the case differ between Civil and Criminal Law?

Answer 4

In Civil Law it is started by the claimant (the person whose rights have been infringed upon) whereas in Criminal Law it is started by the prosecutor (usually the CPS)

Question 5

How does the outcome of Civil and Criminal Law differ?

Answer 5

Civil - liable or not liable
Criminal - guilty (convicted) or not guilty (acquitted)

Question 6

How do the powers in Civil and Criminal Law differ?

Answer 6

Civil - usually damages or an injunction
Criminal - prison, community order, fine, driving ban etc.

Question 7

What are the three ways that Laws can be made?

Answer 7

Custom - historically important
Common Law - created by judges
Statute Law - created by parliament

Question 8

Which courts deal with Civil Law?

Answer 8

County Court and the High Court

Question 9

Which courts deal with Criminal Law?

Answer 9

Magistrates’ Court and the Crown Court

Question 10

What were Dicey’s elements?

Answer 10

1) An absence of arbitrary power on the part of the state
2) Everyone must be equal before the Law
3) Supremacy of ordinary Law