Law And Society (chap 1)

Question 1

What do sociologists define a society as

Answer 1

A group of people with common territory, interaction and culture

Question 2

What is the definition of pluralism

Answer 2

A form of society where members of minority groups maintain independent cultural traditions

Question 3

What did Lord Bingham identity the core principle of the rule of law as being

Answer 3

That all persons and authorities within the state whether private or public should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered by the courts

Question 4

What principles did Lord Bingham set out in which society and state must embrace

Answer 4

State must abide by both domestic and int law
People should only be punished for crimes set out by law
Infringement of rights should be subject to the application of law not discretion
Law should be accessible clear and precise, open to public scrutiny
Equal treatment
Respect for human rights
Courts must be affordable accessible and cases heard without excessive delay
Means must be provided for resolving without prohibitive cost or inordinate delay disputes that parties can solve themselves

Question 5

What are the three roles of law in society

Answer 5

Protect people from harm
Ensure a common good
Settle arguments and disputes

Question 6

Define social control

Answer 6

The ways in which our behaviour thoughts and appearance are regulated by the norms rules and social structures of society

Question 7

What does Pound’s book Social control through law, tell us

Answer 7

Social-ethical principles with a three fold purpose:

1. )identify and explain human claims demands or interests of a given social order
2. ) express what majority of individuals in a given society want the law to do
3. ) guide courts in applying the law

Question 8

Give some examples of social control principles

Answer 8

Increase of litigation due to decline of family and religious control
Social control entails rules of behaviour that should be followed but can be confusing
Suicide not a crime but assisting suicide is? Debbie purdy case

Question 9

What are the balances of interest in law

Answer 9

Between every individual and criminal law or victim and tortfeasor or of a consumer or trader(able to use consumer rights act 2015)/buyer or seller
Third parties can also have an interest when subject matter of contract may interest them ie present given but doesn’t work correctly

Question 10

What are the three things that need to be considered in balance of interests of

Answer 10

1. ) what interests can be identified
2. ) conflict between said interests?
3. ) legal mechanism that conflict is mediated

Question 11

What are the conflict of interests in contract law

Answer 11

Desire of stronger party to dictate terms and only those party to a contract can enforce rights from it

Question 12

How does the law address conflicts in contract law

Answer 12

By implying terms in contracts between traders and consumers via CRA 2015 (brings together rights and remedies available to consumers, straightforward but not all consumers know rights)

By regulating legal effectiveness of exclusion clauses in contracts not covered by Consumer rights act 2015
(applies to non consumers who fall out scope of CRA ie rental agreement in flats or houses, crackdown of clauses being use as an out, unfair contracts act 1977 and unfair litigation)

The contract rights of third parties act 1999:
(Modified strict rule in Tweddle 1861, but little practical affect as many contracts exclude its effect and no test of reasonableness yet

Judicial creativity in respect to remedies: Jackson 1975 remedy to claimant on own behalf and behalf of family even though Jackson only one party to contract