paper 2 law - english legal system Flashcards
Explain legal rules
Rules are imposed and enforced by the state. Courts apply and enforce these. Lawc can change instantly, we must obey the, they can be enforced by the courts, they are obligatory and apply to everyone.
Describe the difference between criminal and civil law
The purpose of criminal is to maintain law and order and to protect society. The case starts with the prosecution (CPS) which is the prosecutor. They are heard in the magistrates or crown court and the burden of proof is beyond reasonable doubt. In the magistrates court the magistrate decide guilt, in the crown court its a judge and jury. It is guilt or not guilt and individuals can be given prison sentences, fines, community orders on bans.
The purpose of civil courts is to uphold rights of individuals ands starts with the individual whose rights were affected - the claimant. They are heard in the county or high court and burden of proof is on the balance of probabilities. They are heard by a judge and its decided as liable or not liable. They can give damages, injunction or specific performance of contract.
Describe sources of law
Custom - is a rule of behaviour developed in community without being deliberately invented. Its historically important in the basis of our common law.
Common - case/ judge made law. Made by judges and are unwritten e.g. murder.
Statute - act of parliament. Creates new laws or brings together all existing law in one area.
European union law - treaties automatically get made law in member states, individuals can rely on it and apply it directly. Regulations are ‘binding and directly applicable in all member states’ making them law so its uniform across states. Directives are the main way of harmonisation of laws across member states. member has to make own law to bring in directives.
