Lesson 1 Flashcards
What is Law?
A set of rules created by state institutions which make laws through the authority of the state. Laws also have sanctions enforced by state-authorised bodies.
Important factors in law-making
- Authority of the state is needed
- Only certain institutions can make law
- Sanctions exist for breaking the law
Positive Law
Laws created by legislation or judicial decisions
3 Aspects of Legal Certainty
- Certainty about the content of the law
- Certainty that the law will be enforced
- Certainty that the law will be applied consistently
Customary Law
Deals with standards of the community that have long existed in a given society
What are the 2 legal traditions
- Civil law jurisdictions
- Common law systems
Civil law jurisdictions
A legislature/other central body codifies (arrange in orderly form) & consolidates (combine) their laws
Common Law systems
Where judge-made precedent is accepted as binding law
Equity
A body of rules and principles that were developed to reduce the harsh results which may arise from the use of common law
Transnational law
Development of human rights after WW2
Legal subject
Typically human beings, but can also be anyone or anything (local council)
Natural persons
Human beings under the law
Legal persons
Organisations that have received the status of legal subject
2 major divisions within law
- Public & Private law
- Substantive & Procedural law
Public law
Part of the law which the government plays a central role
Private law
The government does NOT play a role (Individual - Individual)
4 branches of Public Law
- Constitutional Law
- Administrative Law
- Criminal Law
- Public international Law
5 branches of Private Law
- Property Law
- Tort Law
- Commercial Law
- Family Law
- Private International Law
Substantive Law
Rules that give individual rights and determine what people should do
Procedural Law
Rules for court procedures and the organisation of the judiciary
Adversarial system
- Witnesses called before judge & jury
- Judge/ jury decide if guilty or not
Investigatory system
- judge in charge of inquiry & controls police investigation
- written doc. prepared with collected evidence
