Intro to Law and Sources of Law

Question 1

What is Public Law and Private Law?

Answer 1

Public
- law governing relations between individuals and the state
Private
- law that governs legal relations between individuals
–> ex; one individual suing another

Question 2

What is Substantive Law and Procedural Law?

Answer 2

Substantive
- sets out the rule that must be followed
Procedural
- provides a framework for how someone breaks substantive law and what should be done about it

Question 3

What is Criminal Law and Civil Law?

Answer 3

• criminal law is related to crime, things we cant do and for that we can be sanctioned
  Criminal
• Crown v defendant
• Outcome: Punishment - imprisonment, fine, community service
• Standard of proof: beyond all reasonable doubt
• Burden of proof: Typically on the prosecution/the state but can shift to the defendant
  Civil
• claimant v defendant
• remedies: damages/compensation (injunction, specific performance)
• standard of proof: on the balance of probablities
• Burden of proof: on the claimant, the person who brings the claim

Question 4

What are the sources of law?

Answer 4

1. Domestic law
   - legislation and case law
   - The ELS is domestic law
2. European/International
   - EU law and European convention on human rights
   - law outside the ELS is European/International law

Question 5

What is EU Law

Answer 5

• UK is no longer a member of the EU
• used to unite countries for trade, prevent war and promote peace

Question 6

What is the European Communities Act 1972

Answer 6

Section 2 of the act incorporated EU law into UK domestic law
- would essentially take precedence over UK law
- court said that if UK law conflicts EU law then the courts are allowed to follow

Question 7

What is the Council of Europe?

Answer 7

organization that is purily focused on human rights
- bigger than the EU
- Uk is apart of the council of europe since the start
- merged at the same time as the EU

Question 8

What is the Human Rights Act 1998?

Answer 8

An act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights…

Question 9

What can Human Rights be?

Answer 9

1. Absolute - can’t be interfered with by the state
   - ex; the right to not be tortured
2. Qualified - can be interfered with by the state
   - ex; right to freedom - going to prison
3. Limited - can be restricted
   - ex; right to life

Question 10

What are the key sections of the HRA?

Answer 10

Section 2, Section 3, section 4