The nature of law Flashcards
What is a statute law?
Statute law is a law given by parliament ( Acts of Parliament). it can not be interfered with by the courts and common law can’t change it,only way can be changed is parliament itself.
What is common law?
It is law that is not covered by the acts of parliament (case law, judge made law)
What are rules?
it is something that determines the way we act and behave. This is because we either agreed to them or it is enforced in some way.
Why do we obey rules?
-They carry a sense of moral obligation
- it’s reasonable and relevant
-A penalty may be opposed if it is broken
What is the difference between morality and law?
Morality evolves over time to the will of people. It is voluntary with consequences, but without official sanctions. Law can be changed deliberately and overnight. It has sanctions, however to enforce certain moral behaviours.
What is positivism?
A law is a valid law if high standing person claims it is a law and if they stated it was one.
What is a contract law?
it is an agreement that the parties carry outa particular promise in exchange for something. For example, if party “A” agrees to pay money to party “B”in exchange for a particular good or service.
What is family law?
It is disputes between families or family members. For example, divorces and custody of the child.
What is human right law?
It is based on two principles. THe European convention of human rights is an agreement signed by all the countries of Europe following the Second World War to uphold HU8man rights in its laws. It is overseen by European court of human rights. Also part of the UK law with the human rights acts 1998
What is law of tort?
where one party owes a duty to another. For example, Donoghue vs Stevenson- a drink manufacture has a duty of care for the customers to produce a drink that is fit for consumption
What is law of contract?
It is where a contract exist between parties such as:
- A complaint about a family holiday that didn’t live up to the one promised by the toru operator
- Buying a new car with a faulty engine
What is criminal law?
It is when an individual is charged with an offence. Innocent till proven guilty. It is the prosecutor’s’ job to provide the defendant guilty, not the defendants job to prove themselves innocent
what is crown prosecution service (CPS)?
It is an organisation that prepares criminal charges. They have to be 100% sure that they have enough evidence to secure a conviction before someone is brought into trial
Define injunction
it is where you order one party to stop doing something (eg. if a factory is pumping fumes)
What violates someone’s human rights?
This is a group of people or an individual who allege that their human rights or freedom have been infringed by the state. This can involve cases in the following area:
- When somebody is held in a police station for longer than the law allows (over 48 hours unless suspected terrorist)
- If a photo is taken without someone’s consent and is published.
All of these situations involve the breach if human rights: the right to liberty, the to fair trial and the right to respect a private life
