Module 10 - Aspects Of Law Flashcards
What is the rule of law
The principle that every member of a society, even a ruler must follow the law
Law may be classified into “x” and “x” law
Criminal
Civil
What is criminal law
A set of rules that declare certain conduct, considered sufficiently harmful to society as a whole, to be criminal
What is civil law
It is made up of rules that govern the conduct of persons in their dealings with other persons
In order to be a binding precedent…
A decision must have been a decision of a senior court on the same point of law in a subsequent case with similar material facts
It is only the ratio decidendi that is binding in subsequent cases
Do both Scotland and England have a system of civil and criminal courts?
Yes
Do Scotland and England have their own distinct court structure?
Yes
May entrepreneurs have to consider a jurisdiction beyond the UK systems if they are contracting with customers or suppliers internationally?
Yes
What are the different cases in which a rule would be considered a rule of law?
When developed by the courts under their inherent power to regulate duties between persons
Made by a body with law-making powers
Is a rule of law obligatory?
Yes
Do laws often specify what the consequences will be?
Yes
Breach of a rule of law carries a?
Sanction
There are two main branches of law:
Private
Public
Public laws regulates what?
Relationship between state and its citizens. Eg criminal law
Private law regulates what?
Relationship between persons which includes both natural persons (humans) and legal persons (companies)
Eg contract law and employment law
Examples of private law?
Contract law and employment law
What is civil law?
What does it include?
It is rules that govern the conduct of persons in their dealings with other persons
It includes the law of contract / the law of delict/tort (duties owed to persons) / the law of property / certain regulatory laws
What is criminal law?
It is made up of rules that declare a certain conduct
Considered sufficiently harmful to society as a whole to be criminal
Eg murder, careless driving
Does civil law generally require a person to raise an action?
Yes
Does criminal law generally require a person aggrieved to raise an action?
No, it is the state who decides whether proceeding are to be raised
The three distinct jurisdictions in the UK
England and Wales
Scotland
Northern Ireland
Who is statutory law made by?
Parliament
Many of our laws form part of what?
Common law
What is common law?
Law developed by the courts themselves
As part of their inherent jurisdiction to regulate relationships between parties