The Law Introduction Flashcards
What is law
Law is a role of conduct imposed by a body of rules
What is body of rules
An organised and systemic rules of jurisprudence
What is positivism
A belief where your environment shapes you
What is natural law
Human beings have intrinsic values that govern their reasoning
The courts decide what’s good and bad
And law and moral are separated
What is case law
Case law is where judges in previous cases decide laws for next judges to follow
What is statuary law
A law passed by House of Lords and commons which is approved by the monarch
What is precedent law
Judges create law for future judges which must be applied in higher and lower courts
What’s binding precedent
A judge follows previous decision
Persuasive decision
A judge had a choice not to follow previous decision
Ratio decideni
Reasons for deciding
Obiter dicta
Things said < other things taking into context
