The nature of law Flashcards
Who makes our laws?
Parliament, government, monarch, judges
What controls us as a society?
- legal rules
- moral rules
- general rules
General rules
developed from norms of behaviour, link to moral beliefs
legal rules/ laws:
- formal mechanism of social control
- imposed and enforced by the state
-there’s a system of courts that apply and enforce law
What are the penalties for civil/ criminal law?
- civil- compensation, damages or orders
- criminal- imprisonment, fines, community orders
What is civil law and what is the aim of the courts?
- private disputes between individuals and / or businesses.
- aim of courts - put you back in position you should’ve been in
what is tort law?
no contract, courts decide you owe someone a duty of care. court can award damages, usually money, or an injunction for someone to stop doing something.
What is contract law?
An agreement where both parties put something into the agreement. If one party hasn’t kept their side of the agreement, you can bring a claim against them. Court can award a remedy to the damaged party.
What is double liability?
Occasionally happens when there is both civil and criminal liability.
Conviction- CPS- Criminal
Compensation- Victim- Civil
Defendant will receive both punishments.
What are the sources of law?
- custom
- common law
- statute
What are common laws?
- laws developed by judicial decisions.
- never been defined in an act of parliament, instead developed from ancient custom and still developing through decisions of judges in the highest courts.
- these decisions are known as ‘precedents’
What are statutes?
- law created through an Act of Parliament, passed by both Houses of Parliament and received Royal Assent.
- highest ranking law
- slower process but many experts consulted
- brings lots of laws together in one act
