Law and Legal Systems Flashcards
What do we mean when we speak about ‘the law’?
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.
How does breaking a moral rule differ from breaking a legal rule in terms of consequences?
Legal rules are always backed by sanctions.
What law is MO5 based on?`
English Law only.
Who does English Law apply to?
England and Wales and also generally Northern Ireland.
Where does English Common Law apply?
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.
What is English Common Law derived from?
It is based on the laws of ancient Rome.
Are “Civil law” and “civil law” the same?
No “civil law” is used as a contrast with criminal law
What is the two categories often used to distinguish between laws?
Public law and Private law
What is public law concerned with?
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
What laws does public law include?
Constitutional
Administrative
Criminal
What law category does constitutional law fall under?
Public Law
What is constitutional law concerned with?
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.
What law category does administrative law fall under?
Public Law
What is administrative law a branch of?
Constitutional law
What is administrative law concerned with?
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
What is criminal law concerned with?
The control of behaviours which harms or threatens the peace and stability of the community.
How is the control of criminal law exercised?
By punishing persons who commit serious wrongs which are likely to damage the society as a whole.
What does private law govern?
Relationships between legal persons such as individuals, businesses and other organisations.
What are some of the most important branches of private law?
Law of:
Contract
Torts
Trusts
Property
Succession
Family Law
What is private Law commonly known as?
Civil Law
Why is private law relevant to insurance?
The legal rules which govern insurance are part of the civil law.
What areas of civil/private law are more applicable to insurers?
Law of contract
Law of torts
What type of insurance is the law of torts most relevant to?
Liability Insurance
Define what the characteristic of law “Age and Continuity” means?
English law has a long history and many cases/statues date back over 500 years.
Define what the characteristic of law “Little codification” means?
A Legal code which is a systematic collection of written laws arranged so as to avoid inconsistency and overlapping.
Define what the characteristic of law “Judge-made Law” means?
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.
