Nature of Law (P1,2,3) Flashcards
These cards are in my paper 1 & 2 flashcards
What is a law?
A general norm, mandating or guiding contact
Why do people obey laws?
Usually for one of 3 reasons; carry them with a sense of moral obligation, the rule is reasonable & relevant and because a penalty may be imposed if the rule is broken.
What do we mean by ‘law’?
Law has been described as a formal mechanism of social control
Characteristics of legal rules
Can change instantly, must be obeyed, are enforced by the courts, are obligatory & apply to everyone
What is criminal law?
Sets out the types of behaviours which are forbidden at risk of punishment
What happens to a person that is found guilty of a criminal offence?
They are prosecuted by the state
What is civil law?
Civil law is about private disputes between individuals or businesses.
What are examples of civil law?
law of tort, contract law, human rights, family law, employment law, company law
Example of law of tort
A child passenger is injured in a car collision
Example of law of contract
A family complains that their package holiday did not match what was promised by the tour manager
Example of law of human rights
A man is arrested and held in a police station for longer than the law allows
Purpose of law
CRIMINAL CASES: To maintain law and order
CIVIL CASES: To uphold the rights of individuals
Person starting the case
CRIMINAL CASES: The state through crown prosecution services
CIVIL CASES: The individual whose rights have been affected
Courts
CRIMINAL CASES: Magistrates, crown
CIVIL CASES: County, High
Standards of proof
CRIMINAL CASES: Beyond reasonable doubt
CIVIL CASES: Balance of probabilities
