LAW

Question 1

Define Law

Answer 1

Law is a body of rules designed to regulate the behaviour of society.

Question 2

Division of Law

Answer 2

Common Law

Civil Law

Question 3

Define civil law

Answer 3

Civil law: If an individual suffers loss (injury / ill-health or death) the victim, or his dependants, may sue for damages in the civil courts.

Question 4

Define Criminal Law

Answer 4

Criminal law: If minimum legal standards are not met the enforcing authority may prosecute the offender in the criminal courts.

Question 5

2 Ways of UK Law

Answer 5

Statute law

Common law

Question 6

Define Statute law

Answer 6

Statute/law or Legislation is made by parliament as an act of parliament or a statutory instrument e.g. (Regulations)

Takes priority over common law

Question 7

Define Common Law

Answer 7

Law that is not the result of legislation
Decisions made by judges

Decisions establish law through a system of precedents

Question 8

Civil Law Liabilities

Answer 8

Civil Law Liabilities:
Civil courts consist of a county court and high court. Persons seeking retribution are the ‘Claimant’ and the accused is the ‘Defendant’.
The claimant has to site a tort (civil wrong doing). Examples are deformation, nuisance, breach of statutory duty or negligence.
In regards to health & safety, this can be a tort of negligence or a tort of breach of statutory duty.
Neighbour Principle:
The principle was established in the case of Donoghue vs Stevenson (1932), also known as the ‘Paisley Snail’ or the ‘Snail in the bottle case.
This occurred when Mrs Donoghue was drinking a ginger beer in a café when she became ill from it. It was not noticed by the café owner that there was a snail in the bottle. Mrs Donoghue sued the owner and the neighbour principle was established.
‘Where a duty of care does not exist, we shall owe a reasonable duty of care to our neighbours’.