Nature of law - paper 3 Flashcards
What is a rule?
An instruction that allows institutions to function smoothly.
What is a legal rule?
An instruction which has legally enforceable consequences.
What is common law?
Common law is case law that is governed by the rules of judicial precedent and the judges who made law.
Sources of law: Where does law come from in England and Wales?
Statute law is made by parliament using parliamentary law making processes e.g. Theft Act 1967.
What is custom?
When something has been done over and over and it becomes customary e.g. right of way.
What are the aims of criminal law?
To regulate behaviour in the country.
Who brings a case in criminal law?
The state.
What courts are involved in criminal cases?
The magistrates or crown court on first instance.
How is the case written in criminal law?
R v …….
What parties are involved in a criminal law case?
The state and the individual.
Who is the burden of proof on in criminal cases?
On the state/ prosecution.
What is the standard of proof in criminal cases?
Beyond reasonable doubt.
What is the outcome of criminal cases?
Guilty/ not guilty.
What are the aims of criminal cases?
To resolve disputes between individuals.
Who brings a civil case?
An individual.
What courts are involved in a civil case?
County and high court.
How is a civil case written?
Smith v Jones.
What parties are involved in civil cases?
Two private individuals.
What is the burden of proof on in civil cases?
The claimant.
What is the standard of proof in civil cases?
On the balance of probabilities.
What is the outcome of civil cases?
Liable/ not liable.
What are the remedies/ punishments in civil cases?
Damages/ injunction.
