Sources Of Law Flashcards
Rule
A rule is ‘a general norm, mandating or guiding conduct’.
Where rules develop
From the ‘norms of behaviour’; from the behaviour a typical society accepted as the ‘correct’ or ‘normal’ behaviour.
Norms
Norms are ‘correct’ or ‘normal’ behaviour dictated by a society and are enforced by the attitudes of the community and by self-guilt.
Difference in laws
Criminal and civil laws are seperate as the purpose of the law is different and the cases are dealt in different courts.
Criminal law
Criminal law sets out the type of behaviours which are forbidden at risk of punishment.
Civil law
Civil law is about private disputes between individuals and/or buisnesses.
Differences in opening cases
The prosecutor starts the case in criminal cases (often the Crown Prosecution service) whilst the claimant (individual and/or buisness) starts a civil case.
Criminal courts
Criminal cases are tried either in the Magistrates or the Crown court.
Civil courts
Civil cases are heard in the High or the County court.
The standard of proof - criminal
Must be beyond reasonable doubt. This is a very high standard of proof, and is necessary since a conviction could result in d serving a prision sentance.
The standard of proof - civil
Must be proved on a balance of probabilities. This is a muh lower standard of proof where the judges decide who is most likely to be right.
Outcomes of cases - criminal
The defendant is guilty or not guilty, a defendant is acquitted or convicted.
Outcomes of cases - civil
Outcomes are found liable or not liable.
Power of Criminal courts
Have powers to put d in prision, complete a community order, pay a fine or respect a driving ban.
Power of Civil courts
Have power to have anyone found liable pay an award of damages (compensation); also possible to follow an injuction or an order of specific contract.
Final decisions - criminal courts
Magistrates in the magistrates court or a judge and jury in the Crown court.
Final decisions - civil courts
A judge or very rarely, a jury.
Custom law
A rule of behaviour which develops in a community without being deliberately inverted. Custom law is historically important and effectively the basis of our common law.
Common law
The basis of our law today: it is unwritten law that developed from custom and judical decisions.
Statute law
An Act of Parliament that has been passedby both Houses of Parliament and recieved Royal Assent. It creates major new laws.
