Intoduction To Law Flashcards
What are some examples of types of law?
Planning law Tax law Housing law Family law Copyright law
What is criminal law?
The purpose of criminal law is to protect the public and deal with those who break rules designed to provide such protection. Some acts are considered so serious that they are said to committed against all members of that society. They are crimes against the state.
What are the steps in criminal procedures?
1) the police investigate, arrest and question
2) the police consult the CPS before charging a suspect
3) the CPS prosecuted the suspect
4) a trial is held at Magistrates court (minor) or crown (major) before judge and jury
5) magistrates or jury decide guilt or innocence
6) they are then combusted or acquitted
7) the magistrates/ judge decide the sentence
What is civil law?
It’s purpose is to solve disputes between individual parties. The party that has been wronged (the claimant) sues the party the believe to have wronged them (the defendant).
What is the standard of proof in civil law
Balance of probabilities
What is the standard of proof in criminal law?
Beyond reasonable doubt
What are some divisions of law?
Contact law Tort law Judicial review and administrative law Constitutional law Human rights law
What are the two ways laws are made?
Through legislation
Through judge made common law
What is legislation?
Legislation is the highest form of law in the uk. It is made by parliament, which consists of the House if Commons, the House fo Lords and the Monarch. For a law to be passed it must receive a majority vote in both Houses and receive Royal Assent.
Who is in the House of Commons? How many are there?
Members of the House of Commons are elected by the public, with the country divided up into constitutions and each of these returning one member of Parliament (MP).
There are 650
What is the job of the House of Lords? How many are there?
The House of Lords main functions are to check and if necessary amend legislation, debate important issues and act as a general watchdog on government activities. There are 704.
Why are the House of Lords limited in delaying bills?
The House of Commons is elected whereas the House of Lords isn’t.
What is the role of the monarch in parliament?
To open Parliament at the beginning of each Parliamentary session. As the Monarch is not allowed in the House of Commons the Queen open each Parliamentary session in the House of Lords.
To give royal assent to acts of Parliament.
However the monarch has no practice power in relation to parliament.
What is common law?
When the law has been developed by judges as cases have come before them.