Law and Government Flashcards
Define law
A set of rules that can be enforced in court
Define jurisdiction
Area covered by a single legal system and set of laws
What 3 things does criminal law do?
- What constitutes a crime
- Mechanisms for deciding guilt/innocence
- Range of punishments
Purpose of civil law
Settle disputes between people
Define legal person w.r.t an organization
An organisation that has gone through incorporation, same legal status as natural person (as far as civil law is concerned)
What 3 ways can an organisation be incorporated?
- Act of parliament
- Registering as company
- Grant of a royal charter
What is court action under civil law known as?
Litigation
What is the claimant?
Person who initiates the court action
What is the plaintiff?
Older term for claimant
What is the difference between civil and criminal law w.r.t the standard of proof?
Criminal - beyond reasonable doubt
Civil - correct on the balance of probabilities
What is the difference between civil and criminal law w.r.t the burden of proof?
Criminal - prosecution must prove guild (defendant assumed innocent)
Civil - both parties must convince court of correctness
Define precedent?
Using similar cases in the past to decide the rights and wrongs of a case
What is common law?
Traditional laws that is not written down but depends on the judgement of judges over the centuries
What is statute law?
Law laid down by acts of parliament
What is royal assent?
Queens approval
