introduction to legal and criminal justice systems

Question 1

what is a legal system?

Answer 1

set of laws and the way they are interpreted

Question 2

what are the 2 legal systems called?

Answer 2

common law jurisdiction and civil law jurisdiction

Question 3

what legal jurisdiction does England and Wales use?

Answer 3

common law jurisdiction

Question 4

what legal jurisdiction does places such as Asia, Europe and South America use?

Answer 4

civil law jurisdiction

Question 5

what legal system does England and Wales use?

Answer 5

adversarial system

Question 6

what legal system does USA use?

Answer 6

inquisitorial system

Question 7

what is the difference between adversarial and inquisitorial legal systems?

Answer 7

adversarial involves the prosecution and defendant presenting their own case to the court whereas inquisitorial involves the judge leading the discovery and presentation of evidence

Question 8

what is law?

Answer 8

a system of laws that regulates the actions of its members and may be enforced by the imposition of penalties

Question 9

what is justice?

Answer 9

fairness in the way people are dealt with

Question 10

what are the 5 purposes of the law?

Answer 10

1. to maintain order and sanction wrongdoing
2. to provide an outlet for the resolution of disputes
3. to facilitate and regulate private agreements
4. to establish and maintain a stable society
5. to constitute and regulate the principal bodies of power

Question 11

what 4 interests does the law protect?

Answer 11

1. individual interests - tort, public, criminal
2. financial interests - contracts, bargains, employment
3. community interests - peace, security, public morals
4. state interests - international law

Question 12

what is civil law and the purpose?

Answer 12

regulates the relationship between legal persons with the purpose of settling disputes between individuals and provide remedies

Question 13

what is criminal law and the purpose?

Answer 13

regulates the conduct considered as harmful by the state (criminal proceedings are brought by the state) with the purpose of controlling and preventing crime

Question 14

what is public law?

Answer 14

regulates the relationship between individuals and the state, also between the individual parts of the state i.e. individual public bodies

Question 15

what is tort?

Answer 15

a private wrong for which the victim can sue the wrongdoer

Question 16

what is crime?

Answer 16

a public wrong for which the state charges the wrongdoer

Question 17

what are the 9 sources of law?

Answer 17

1. primary legislation/statute - enacted by act of parliament
2. delegated/secondary legislation - law made with parliaments authority
3. common/case law - law developed through courts through judicial decisions
4. equity - principle supplement common law and ensure justice
5. EU law - s.2 (1) 1972 gives legal effect in UK
6. European convention on Human Rights (ECHR)/ Human rights Act 1998
7. decisions from other common law jurisdictions
8. persuasive academic opinions
9. law reform - law and royal commissions