Intro to Law Flashcards
What is law?
A rule of human conduct, imposed on and enforced among members of a given state.
What are the two main branches of law?
Criminal and civil law.
What is the common law system?
- Everything that is not illegal is permitted.
- Judicial systems are binding.
- Decisions are made from precedents.
- A written constitution is not always present.
What countries have a common law system?
UK, USA, Canada, NZ, Australia.
What is the civil law system?
- Codified system.
- Judicial role is interpretation.
- Has written constitutions.
What countries have a civil law system?
France, Germany, Japan, Brazil.
In criminal law the police will investigate a crime, once gathered sufficient evidence, they present the case to the Crown Prosecution Service (CPS), who then decide if the Crown want to take the matter to court.
N/A
Give examples of criminal law.
These range from the most serious (indictable) to what some consider minor (summary) offences.
Murder & rape (most indictable), theft/robbery, burglary, speeding, littering.
Explain civil law.
Civil law is anything which is not a crime. It is one person suing another for the purpose of a remedy or compensation.
What are the 4 branches of civil law?
Property law, Tort, Commercial law, Family law.
What is Tort law?
A ‘tort’ is a civil wrong.
Based in common law.
Negligence is the most important tort.
Other torts include - trespass, private nuisance, known as Delict in Scot’s law.
