introduction to law

Question 1

What is english law?

Answer 1

“english law may be defined as a body of rules created by the state, binding within its jurisdiction and enforced with the authority of the state through the use of sanctions” (Adams, Caplan and Lockwood, 2023)

Question 2

what sanctions are state imposed?

Answer 2

jail, probation, fines etc

Question 3

why do the state sanction?

Answer 3

civil rules followed so society coexists with eachother

Question 4

what are the two main ways laws are made?

Answer 4

-through parliment
-common law

Question 5

what is common law?

Answer 5

judges interpreting the law and evolving it

Question 6

what is an act of parliament?

Answer 6

its also known as a statute and is the highest form of uk law

Question 7

what is criminal law?

Answer 7

a wrong against society as a whole eg speeding, stealing, murdering as its putting the public at risk

Question 8

what is civil law?

Answer 8

it exits to protect individuals against one another or the state

Question 9

in criminal law who brings the prosecution?

Answer 9

the state brings the law suit against the individual via police and the criminal prosecution service (CPS)

Question 10

in civil law who brings the prosecution?

Answer 10

the injured party brings the law suit eg a landlord breaches a contract you go to a solicitor yourself

Question 11

for criminal law how much proof is needed?

Answer 11

the burden of proof must be “beyond reasonable doubt” for the jury to convict

Question 12

for civil law how much proof is needed?

Answer 12

the burden of proof has to be “more likely than not”

Question 13

what is the purpose of a criminal case?

Answer 13

to determine the guilt of the defendant, sentences such as imprisonment or fines may be imposed on conviction

Question 14

what is the purpose of a civil case?

Answer 14

remedies including damages and getting compensation for what theyve been wronged by

Question 15

examples of criminal law crimes

Answer 15

murder
assault
criminal damage
theft
speeding
carrying a weapon

Question 16

examples of civil law crimes

Answer 16

dispute resolution
contract law
tort law
property law
family law

Question 17

what is contract law

Answer 17

deals with agreements between two or more parties, they are each obligated to hold up their part of the agreement

contracts may be oral or written but there are certain types of writing that must be put in writing

Question 18

what is tort law?

Answer 18

its civil law concerned with personal injury and civil wrongdoings

Question 19

what is a tort?

Answer 19

a civil wrong done by one person or an entity resulting in injury or property damage and often involves monetary compensation for the injured parties

Question 20

what are the three categories of torts?

Answer 20

neglicance, strict liability and intentional tort

Question 21

what is a judge?

Answer 21

a judge directs the court and in a criminal case directs the jury

Question 22

what are the different types of judges?

Answer 22

district and circuit judges

Question 23

what is a district judge?

Answer 23

full time judges who deal with the majority of cases in county courts

Question 24

what is a magistrate?

Answer 24

A magistrate, also known as a Justice of the Peace (JP), is a volunteer who hears cases in a local court. Magistrates are unpaid members of the judiciary who play a vital role in the justice system by:

Question 25

what is a circuit judge?

Answer 25

a judge who sits in crown and county courts within 7 different regions who are full time and handle civil and criminal cases, sometimes also handling private/public law family cases

Question 26

what is a high court judge?

Answer 26

are but in one of the three divisions: the queens bench, the family and the chancery division and handle serious cases

Question 27

what is a court of appeal judge?

Answer 27

the second highest court where they handle appeals from lower courts

Question 28

what is a supreme court judge?

Answer 28

the highest court and handle appeals from the court of appeals as a final arbiter of civil and criminal matters

Question 29

what does a judge do?