Sources and Categories of Environmental Law Flashcards
Definition of Law
“The body of official rules and regulations, generally found in consitutions, legislation, judicial opinions, and the like, that is used to govern society and to control the behaviour of it’s members”
“A rule or system of rules recognised by a country or community as regulating the actions of its members and enforced by the imposition of penalties”
Legal systems are particular ways of establishing and maintaining social order.
What are the two types of national Law?
Public or Private(Civil)
What are the three types of Public Law
Constitutional
Administrative
Criminal
What are the 5 types of civil law
Contract Tort Family Company Other
Define Civil law
“The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
e.g an owner can prosecute and individual for trespass
What is criminal law concerned with
The punishment of offenders
What is Statute/statutory law
Written law set down by a body of legislature or by a singular legislator.
Statutes may originate with national, state legislatures or local municipalities
What is common law
Characterised by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have precedential effect on future cases.
The body of past common law binds judges deciding later cases to ensure consistent principles applied to similar facts yield similar outcomes
What are sources of law in the UK
UK Legislation (Separate to scotland) EU legislation Case law (Judicial precedent)
What are the sources of environmental
Control of pollution act Environmental protection act Water resources act Environment Act Pollution prevention and Control IPPC
