Nature of law

Question 1

Twining and Miers definition of a rule.

Answer 1

A general norm,mandating or guiding conduct.

Question 2

Rules are generally obeyed for one of three reasons.

Answer 2

1. because they carry with them a sense of moral obligation
2. because the rule is reasonable and relevant
3. because a penalty may be imposed if the rule is broken

Question 3

Legal rules are enforced through?

Answer 3

the courts

Question 4

Civil law is about private disputes between individuals and/or businesses. There are several types of civil law.
Name the main ones

Answer 4

Law of tort
Contract law
Human rights
Family law
Employment law
Company law

Question 5

Law of tort considers what situations

Answer 5

The tort of negligence
The tort of nuisance
The tort of defamation

Question 6

When does a tort occur?

Answer 6

Where the civil law holds that,even thought there is no contract between them, one person owes a legal responsibility of some kind to another person, and there has been a breach of responsibility

Question 7

When there is a situation which is continuing, it is also possible to award an injunction
what is this?

Answer 7

This is an order to the defendant to do or stop doing something.

Question 8

What is a contract?

Answer 8

It is where the parties have made an agreement and each side has put something into the agreement.

Question 9

What can happen if one party to the contract has not kept to the bargain?

Answer 9

The other party can bring a claim against them.

Question 10

Article 6(1) of the European convention on human rights

Answer 10

The right to a fair trial

Question 11

Purpose of criminal law?

Answer 11

Maintain law and order
Aim to protect society.

Question 12

Purpose of civil law?

Answer 12

Upholds the rights of individuals

Question 13

Criminal cases are taken on behalf of what institution?

Answer 13

the state

Question 14

Who is responsible for conducting most criminal cases?

Answer 14

Crown Prosecution Service

Question 15

Who starts the case in civil aW?

Answer 15

The individual or business who has suffered as a result of the breach of law.

Question 16

What is a prosecutor?

Answer 16

The person or organisation bringing a criminal charge against a defendant.

Question 17

What is a claimant?

Answer 17

A person or organisation starting a civil claim in the courts.

Question 18

What courts will criminal cases be tried in?

Answer 18

Magistrates’ or Crown court.

Question 19

Lay magistrates and District
Judges try in which court?

Answer 19

Magistrates court?

Question 20

Serious offences tried in the crown court are tried by?

Answer 20

A judge sitting with a jury.

Question 21

In general civil cases are heard in which courts?

Answer 21

High courts
County courts

Question 22

Criminal cases must be proved…

Answer 22

Beyond reasonable doubt.

Question 23

Civil cases have to be proved

Answer 23

On the balance of probabilities

Question 24

A defendant in a criminal case is found

Answer 24

Guilty or not guilty

Question 25

A defendant in a civil case is found

Answer 25

Liable or not liable

Question 26

At the end of a civil case what happens

Answer 26

Anyone found liable will be ordered to put right the matter as far as possible.
Usually compensation, through the courts such as an injunction.

Question 27

What is a custom

Answer 27

It is a rule of behaviour which develops in a community without being deliberately invented.
They are historically important

Question 28

What is common law

Answer 28

It is unwritten law that developed from customs and judicial decisions.

Question 29

Common law is created by who?

Answer 29

The judges and still important
today

Question 30

Which was the earlier source of law?

Answer 30

Custom

Question 31

Statute law

Answer 31

An act of parliament is law that has been passed by both Houses of Parliament and received royal assent.

Question 32

What can statute law do?

Answer 32

Can create,change or revoke any law.