Nature of law Flashcards

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1
Q

Twining and Miers definition of a rule.

A

A general norm,mandating or guiding conduct.

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2
Q

Rules are generally obeyed for one of three reasons.

A
  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
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3
Q

Legal rules are enforced through?

A

the courts

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4
Q

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

A

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

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5
Q

Law of tort considers what situations

A

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

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6
Q

When does a tort occur?

A

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

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7
Q

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

A

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

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8
Q

What is a contract?

A

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

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9
Q

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

A

The other party can bring a claim against them.

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10
Q

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

A

The right to a fair trial

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11
Q

Purpose of criminal law?

A

Maintain law and order
Aim to protect society.

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12
Q

Purpose of civil law?

A

Upholds the rights of individuals

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13
Q

Criminal cases are taken on behalf of what institution?

A

the state

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14
Q

Who is responsible for conducting most criminal cases?

A

Crown Prosecution Service

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15
Q

Who starts the case in civil aW?

A

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

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16
Q

What is a prosecutor?

A

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

17
Q

What is a claimant?

A

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

18
Q

What courts will criminal cases be tried in?

A

Magistrates’ or Crown court.

19
Q

Lay magistrates and District
Judges try in which court?

A

Magistrates court?

20
Q

Serious offences tried in the crown court are tried by?

A

A judge sitting with a jury.

21
Q

In general civil cases are heard in which courts?

A

High courts
County courts

22
Q

Criminal cases must be proved…

A

Beyond reasonable doubt.

23
Q

Civil cases have to be proved

A

On the balance of probabilities

24
Q

A defendant in a criminal case is found

A

Guilty or not guilty

25
Q

A defendant in a civil case is found

A

Liable or not liable

26
Q

At the end of a civil case what happens

A

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

27
Q

What is a custom

A

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

28
Q

What is common law

A

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

29
Q

Common law is created by who?

A

The judges and still important
today

30
Q

Which was the earlier source of law?

A

Custom

31
Q

Statute law

A

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

32
Q

What can statute law do?

A

Can create,change or revoke any law.