Law 1 Flashcards
what is criminal law ?
a law that defines conducts that are prohibited because it threatens public safety and welfare
how is criminal law created ?
created through legislative process created by parliament they debate about the laws
what is criminal law used for ?
maintaining social order ensuring public saftey
what is common law ?
laws that are developed through judicial decisions
what are the benefits of common law and how they are created?
it allows for flexibility and legal systems can adapt statutes
how is common law created ?
it is mades by judges in individual cases the precedents are set by the higher courts
what are the uses of common law ?
allows legal systems to adapt to changing society values
what should common law do?
strike a balance of stability and adaptability It shouldn’t be too adaptable
what is ECHR ?
an international treaty that guaranteed international rights and freedoms to everyone they ere enforced by the European court of human rights
what is deterrence theory ?
criminal law deters individuals from committing crimes through a threat of punishment
what is the due process principle
individuals are treated fairly and justly in the legal system and have the right to a fair trial .
what is the presumption of innocence theory?
defendants are presumed innocent until proven guilty BEYOND A REASONABLE DOUBT
what is the mens rea and actus rea principle
crimes require a guilty mind AND a guilty act for there to be a conviction
what are the two sections of parliament
House of Commons and House of Lords
rex =
house of state
