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
