Law and Legal Systems

Question 1

What do we mean when we speak about ‘the law’?

Answer 1

We are referring to the body of general rules which governs and controls the behaviour of
people in the country or state in which we live.

Question 2

How does breaking a moral rule differ from breaking a legal rule in terms of consequences?

Answer 2

Legal rules are always backed by sanctions.

Question 3

What law is MO5 based on?`

Answer 3

English Law only.

Question 4

Who does English Law apply to?

Answer 4

England and Wales and also generally Northern Ireland.

Question 5

Where does English Common Law apply?

Answer 5

It has been adopted by a large chunk of the world. US, most commonweath countries, Canada, OZ NZ, much of Africa and the Far east.

Question 6

What is English Common Law derived from?

Answer 6

It is based on the laws of ancient Rome.

Question 7

Are “Civil law” and “civil law” the same?

Answer 7

No “civil law” is used as a contrast with criminal law

Question 8

What is the two categories often used to distinguish between laws?

Answer 8

Public law and Private law

Question 9

What is public law concerned with?

Answer 9

With the legal structure of the State
&
Relationships between the State and individual members of the community
&
Governs the relationship between one State and another

Question 10

What laws does public law include?

Answer 10

Constitutional
Administrative
Criminal

Question 11

What law category does constitutional law fall under?

Answer 11

Public Law

Question 12

What is constitutional law concerned with?

Answer 12

The structure of the main institution of government and their relationship to each other.

Inc. the relationship between the two Houses of Parliament in the UK and that between central and local government.

Inc. Making treaties with foreign states

Inc. the status, function and powers of the monarch, Members of Parliament, Government Ministers, the Judiciary, the Civil Service and the Armed Forces.

Question 13

What law category does administrative law fall under?

Answer 13

Public Law

Question 14

What is administrative law a branch of?

Answer 14

Constitutional law

Question 15

What is administrative law concerned with?

Answer 15

The legal relationship between private citizens and the various agencies of local and central government and the impact of their activities on ordinary individuals.

For example:

Taxation and compulsory acquisition of land
Health and education
Granting of licenses

Question 16

What is criminal law concerned with?

Answer 16

The control of behaviours which harms or threatens the peace and stability of the community.

Question 17

How is the control of criminal law exercised?

Answer 17

By punishing persons who commit serious wrongs which are likely to damage the society as a whole.

Question 18

What does private law govern?

Answer 18

Relationships between legal persons such as individuals, businesses and other organisations.

Question 19

What are some of the most important branches of private law?

Answer 19

Law of:
Contract
Torts
Trusts
Property
Succession
Family Law

Question 20

What is private Law commonly known as?

Answer 20

Civil Law

Question 21

Why is private law relevant to insurance?

Answer 21

The legal rules which govern insurance are part of the civil law.

Question 22

What areas of civil/private law are more applicable to insurers?

Answer 22

Law of contract
Law of torts

Question 23

What type of insurance is the law of torts most relevant to?

Answer 23

Liability Insurance

Question 24

Define what the characteristic of law “Age and Continuity” means?

Answer 24

English law has a long history and many cases/statues date back over 500 years.

Question 25

Define what the characteristic of law “Little codification” means?

Answer 25

A Legal code which is a systematic collection of written laws arranged so as to avoid inconsistency and overlapping.

Question 26

Define what the characteristic of law “Judge-made Law” means?

Answer 26

The judge’s job is not only to interpret and apply statutory codes of law, however, the system of binding precedent allows the decisions of judges to become part of the law itself and allows the law on a particular subject to adapt and develop through a series of binding decisions.