Law And Society Flashcards
What is common law
System law based on the previous decisions of judges or precedents
What is precedent
A previous legal decision that serves as a rule or pattern in future cases.
4 main roles of law?
- Establish boundaries of acceptable behaviour and determine what actions will not be tolerated.
- Protection from the actions of others as well as our own behaviour
- Freedom to do many things by telling society what people can do
- Resolving disputes in order to stop people from taking law into their own hands
What is criminal law?
Is a crime that involves behaviour that in unacceptable deserving prosecution, conviction or punishment. E.g. Homicide, murder, sexual assault.
What the four main types of torts?
Negligence- where a person fails to take reasonable care and as a result injures another person
Defamation- where a person injured another person reputation
Nuisance- where a person causes unreasonable interference with another persons right to quiet enjoyment of their property
Trespass- where a person interferes with another person, or that persons property rights.
Advantages of the Jury system
Advantages:
- The final decision is made by more than one person
- There is a widespread acceptance of the jury system
- Juries are independent and impartial decision makers who are not controlled by the government
Disadvantages of the Jury system?
- Ordinary people may not understand complex legal techniques
- Juries can be persuaded by clever lawyers
- Jurors could be biased and may be influenced by their own personal prejudices
What is private law?
Deals with disputes between private citizens
What is public law?
Deals with disputes that affect the community
Define family law?
Regulates family relationships
What is criminal law?
Are needed to keep communities safe from harm
What is constitutional law?
This set of laws deal with the get of rules by which a county is governed
What is administrative law?
Deals with the decisions and powers of the government departments
What is contract law?
This set of laws is concerned with legal agreements between two or more people
What is industrial law?
This law is concerned with the rights and obligations of employers