Paper 1 - Nature of Law

Question 1

What are rules?

Answer 1

In all societies there are rules for keeping order. A rule is something that determines the way we behave. Rules often develop from the ‘norms of behaviour’.
The early common law developed out of commonly accepted customs.

Question 2

What is Law?

Answer 2

Law is a formal mechanism of social control. Legal rules can change instantly and must be obeyed.
Apply to everyone.
Imposed and enforced by the state.
Courts apply and enforce.

Question 3

What is Civil Law?

Answer 3

Civil Law is about private disputes between individuals and/or businesses. There are different types of Civil Law including Contract Law and Law of Tort.

Question 4

If a person is successful in Civil Law, why can the court award?

Answer 4

If successful the court can award damages - that is a sum of money to compensate the person.

Question 5

What are examples of Tort?

Answer 5

• Tort of Negligence

* The Liability of an Occupier of Land.

Question 6

What is Criminal Law?

Answer 6

Criminal Law sets out the types of behaviour which are forbidden at risk of punishment.

Question 7

Who is a person who commits a crime said to have offended against?

Answer 7

A person who commits a crime is said to have offended against the state, and so the state has the right to prosecute them.

Question 8

What happens when the defendant is found guilty?

Answer 8

Where the defendant is found guilty, they will be sentenced.

Question 9

What is the purpose of Criminal Law?

Answer 9

• To maintain law and order.
• To protect society.
• To punish the offender.

Question 10

What is the purpose of Civil Law?

Answer 10

• To resolve private disputes.
• To uphold the rights of individuals.
• The innocent party is seeking a remedy for the losses she has suffered and/or to establish her legal rights.

Question 11

Who starts Criminal cases?

Answer 11

Usually the state, through the Crown Prosecution Service, brings the prosecution against the defendant.

Question 12

Who starts Civil cases?

Answer 12

The individual or business which has suffered as a result of the breach of Civil Law, sues the defendant.

Question 13

What is the legal name for a person starting a Criminal case?

Answer 13

PROSECUTOR

Question 14

What is the legal name for a the person starting a Civil case?

Answer 14

CLAIMANT

Question 15

Which courts hear Criminal cases?

Answer 15

Criminal cases will be tried in either the Magistrates Court or the Crown Court.
The Magistrates Court deals with less serious offences than the Crown Court.

Question 16

Which courts hear Civil cases?

Answer 16

Civil cases are heard in the County Court or the Hight Court.
The County Court deals with cases to lower value and/or complexity than the High Court.

Question 17

What is the standard of proof in Criminal cases?

Answer 17

Criminal Cases must be proved ‘beyond reasonable doubt’.

- A very high standard of proof.

Question 18

What is the standard of proof required in Civil cases?

Answer 18

Civil cases have to be proved ‘on the balance of probabilities’
(more likely than not)

Question 19

Who is the person(s) making the decision in Criminal Courts?

Answer 19

In the Magistrate’s Court the case will be tried by a panel of three lay Magistrates or a single legally qualified District Judge.
In the Crown Court, the case will be tried by a Judge sitting with a jury. The Judge decides and explains the relevant law and the jury applies that law to reach a verdict.

Question 20

Who is the person(s) making the decision in civil cakes?

Answer 20

In both the County Court and the High Court a Judge will try the case. It is very rare to have civil action tried by a jury.

Question 21

What is the decision in Criminal cases?

Answer 21

A defendant is found ‘guilty’ (convicted) or ‘not guilty’ (acquitted).

Question 22

What is the decision in Civil cases?

Answer 22

A defendant in a Civil case is found ‘liable’ or ‘not liable’.

Question 23

What are the powers of the court to deal with those who are liable in Criminal cases?

Answer 23

An offender may be punished.
The Criminal Courts have various penalties (sentences) available depending on the seriousness of the offence. An offender may be sent to prison, given a community order, fined etc.

Question 24

What are the powers of the court to deal with those who are liable in Civil cases?

Answer 24

The defendant will be ordered to put right the matter.
Usually an award of money in compensation known as damages or an injunction to prevent similar conduct in the future or an order for specific performance.

Question 25

What is a custom?

Answer 25

A custom is a rule of behaviour which develops in a community without being deliberately invented.
Custom is a historical source of law and is unlikely to create new law today.

Question 26

What is Common Law?

Answer 26

The basis of our law today.
Developed from custom and the decisions of the Judges.
They can still make new laws today but only when a new case comes before them.

Question 27

Where are decisions of Judges recorded?

Answer 27

In Law Reports.

These legal rules must be normally accepted and followed in future similar cases.

Question 28

What is an Act of Parliament (statute)?

Answer 28

Law that has been passed by both Houses of Parliament and received Royal Assent from the kings or queen.

Question 29

Why can statute law create, change or revoke any law?

Answer 29

Parliament contains our elected law makers.

Question 30

Why do Judges still play an important role in Statute law?

Answer 30

They may have to interpret the meaning of words in a statute if they are not clear.