law + ethics Flashcards
What are the two main divisions of law?
1) statute
2) civil
What is statute law?
law made by Act of Parliament
What are the three divisions of statute law?
1) administrative law
2) criminal law
3) professional
What does administrative law do?
regulate public bodies
What does criminal law relate to?
1) regulation of human conduct
2) relationship between an individual + the state
What is the purpose of criminal law?
1) to punish individuals for carrying out criminal activity
2) to deter others from carrying out criminal activity
What does professional law do?
underpins powers of professional regulatory bodies
What does civil law relate to?
1) relationships between individuals
2) conduct of human relationships
What is the purpose of civil law?
1) regulate human relationships
2) protect human rights
3) provide compensation to an individual whose rights have been infringed
What is the difference between criminal + civil law?
the state takes no active part on behalf of individual members of society in civil law actions
What are the three main elements of parliament?
1) the House of Commons
2) the House of Lords
3) the Monarch
What is the House of Commons?
elected body of 695 with political party with the most seats forming the government
What is the role of the government?
to govern the country a role it achieves through a large number of government departments each headed by a government minister
Who has the greatest influence over law-making/legislative process?
the government
What is the House of Lords?
hereditary/appointed body which participates in government + contributes to law-making work of the commons by participating in debates + committees
What are the four main sources of law?
1) primary legislation
2) secondary legislation
3) judicial precedent
4) european union law
What is primary legislation?
Acts of Parliament created through a formal procedure
How do most pieces of primary legislation come about?
1) proposals from cabinet ministers
2) suggestion from government advisors
3) result of commitment to make new laws in an election manifesto
What is a green paper?
1) published by a government department
2) sets out government’s views on an issue + asks for public comment
What is white paper?
1) produced based on comments from Green Paper consulations
2) puts forward firm proposals but leaves room for minor changes
What five stages (readings) does a Bill go through in the House of Commons?
1) 1st reading - existence of Bill is announced + date set for 2nd reading
2) 2nd reading - full debate on merits of Bill + vote by all MPs present
3) Committee stage - Bill considered word for word by committee of 25-45 MPs
4) Report stage - vote taken on merits of Bill
5) 3rd reading
What is judicial present (case law/common law/judge law)?
where courts + judges have a role in formulating laws
What is the difference between legislation + case law?
legislation may be described as a body of rules which have been formally enacted by parliament whilst case law is the statement of legal position in a particular case/situation based on decisions of previous courts in similar cases/situations
When do judges make law?
1) where there is no legislation on a particular issue
2) where there is legislation + meaning is unclear
What are the higher courts?
1) the Supreme Court
2) the Court of Appeal
3) the High Court of Justice
What is the Supreme Court?
1) highest court that consists of the 12 most senior judges in the land
2) cases involving points of law of public general importance
What is the Court of Appeal?
cases involving important points of law usually on appeal from lower courts with 3 judges at a hearing
