Lecture 1 Flashcards
The law consists of a body of rules. Sources include…
Parliament, the common law and equity
What may law be administered through?
Courts and tribunals
What does the law provide for transgressions?
Remedies and sanctions
What two dimensions does the law have?
Public and private
What is public law primarily concerned with?
The State and its interactions with individuals and public bodies
What does private law generally refer to?
Situations involving disputes between private parties (e.g contract disputes, tort actions e.t.c)
What laws and matters are concerns of the state?
Constitutional matters and criminal laws
Why are ‘constitutional matters and criminal law’ cases brought by the State and what do they seek to do?
As the offence is contrary to a law in England and Wales. It doesn’t necessarily seek to compensate the victim, but instead punish the offender/protect the public from the offender.
If the victim is not compensated by a State case, what can they do? What does this generally involve?
Seek to recover any losses sustained through an action in private/civil law. This generally involves an action for damages and and does not allow the injured party to seek punishment of the offender, only to compensate them for any losses incurred.
What does ‘an action for damages’ mean?
Legal term for monetary compensation
Define Statute Law
Laws made by Parliament through direct legalisation and delegated legislation
Define Case Law
Developed over time by judges when deciding the outcomes of cases
What is Case Law also known as?
Common law
Which takes precedence - statute or case law?
Statute
What kind of case is ‘R v Smith’ and how can you tell?
It is a criminal case. The R stands for Rex (king), showing that it is the State vs an individual
What kind of case is ‘Brown v Blue’ and how can you tell?
It is a civil case. This is because it has two individual names
What does criminal law seek to do?
It seeks to regulate actions that are contrary to established laws
How do criminal law cases work?
Cases are heard in criminal courts and are based on proving the defendant was guilty ‘beyond reasonable doubt’
What does civil law seek to do?
Civil law regulates actions between parties and provides a forum for disputes to be settled
How do civil law cases work?
Cases are heard in civil courts and are determined on the ‘balance of probabilities’
What is the end result of criminal law cases?
The potential imprisonment of a guilty party
What is the end result of civil law cases?
The civil court may order the defendant to pay damages or may order a specific remedy
How is the UK’s constitution uncommon?
It is written (not unwritten) but is merely uncodified
What does a constitution do?
It determines and regulates the power of the State (and how this power may be exercised)
The UK has an uncodified institution meaning it….
Can be changed relatively easily. This can be an advantage but also a detriment to the protection afford to the citizens of the State
What are the sources of the constitution?
- Statutory materials
- Case law / common law
- Conventions / customs
- Prerogative powers
What does ‘statutory materials’ consist of?
Magna Carta, The Bill of Rights 1689, The European Committees Act 1972, the Human Rights Act 1998; the Constitutional Reform Act 2005
Define ‘conventions/customs’
Considered ‘soft law’, and whilst not enforceable in the same way as legislation or the common law, they establish important principles that are respected and followed by the State
