THE NATURE OF LAW

Question 1

Is claimant a civil or criminal term? (1)

Answer 1

Civil term

Question 2

Is prosecution a civil or criminal terms? (1)

Answer 2

Criminal

Question 3

Is balance of probabilities a civil or criminal term? (1)

Answer 3

Both civil and criminal

Question 4

Is guilt a civil or criminal term? (1)

Answer 4

Criminal

Question 5

Is imprisonment a civil or criminal term? (1)

Answer 5

Criminal

Question 6

Is compensation civil or criminal term? (1)

Answer 6

Civil

Question 7

Is liable a civil or criminal term? (1)

Answer 7

Civil

Question 8

Is reasonable doubt a civil or criminal term? (1)

Answer 8

Criminal

Question 9

Is defendant a criminal or civil term? (1)

Answer 9

Both civil and criminal

Question 10

Is innocence a civil or criminal term? (1)

Answer 10

Criminal

Question 11

Is burden of proof a civil or criminal term? (1)

Answer 11

Civil

Question 12

Define claimant (1)

Answer 12

Person trying to claim compensation.

Question 13

Define prosecution (1)

Answer 13

The person trying to put a criminal in prison.

Question 14

Define the balance of probabilities (1)

Answer 14

How sure a judge is of a conviction of law.

Question 15

Define guilt (1)

Answer 15

Done something wrong or has committed a crime.

Question 16

Define imprisonment (1)

Answer 16

Putting someone in prison.

Question 17

Define compensation (1)

Answer 17

Paying someone or community service.

Question 18

Define liable (1)

Answer 18

The final decision from a judge in a civil case.

Question 19

Define beyond reasonable doubt (1)

Answer 19

You are 100% certain that they are guilty.

Question 20

Define reasonable doubt (1)

Answer 20

You are not 100% certain that this person committed the crime thus they cannot be prosecuted.

Question 21

Define defendant (1)

Answer 21

The bad guy or the one who needs to be prosecuted.

Question 22

Define innocence (1)

Answer 22

A defendant that has not been prosecuted.

Question 23

Define burden of proof (1)

Answer 23

The person who must prove the case.

Question 24

What are some examples of the jurisdiction of a civil court? (3)

Answer 24

-contract

-tort

-divorce/family law

Question 25

What are some examples of the jurisdiction in a criminal court? (3)

Answer 25

-murder -theft -sexual crimes

Question 26

Who does the burden of proof rely on in a civil court? (1)

Answer 26

Burden on proof is on the claimant, standard of proof on the balance of probabilities must exceed 50%.

Question 27

Who does the burden of proof rely on in a criminal court? (2)

Answer 27

Burden of proof is on the prosecution, the standard of proof must be beyond reasonable doubt.

Question 28

What is the hierarchy of the civil court system? (5)

Answer 28

-lowest-county court -high court -court of appeal -Supreme Court Advisory-European court of justices

Question 29

What is the hierarchy of the criminal court system? (5)

Answer 29

-lowest-high court -magistrates court -crown court -court of appeal -supreme court

Question 30

What judges are in the crown court? (1)

Answer 30

Circuit judges

Question 31

What is the court of appeal? (1)

Answer 31

Court that handles appeals of previous claims or cases.

Question 32

What is the European court of justice? (1)

Answer 32

The court that the government go to for civil advice.

Question 33

What is a rule? (1)

Answer 33

Defined by academics Twining and Miers as a general norm, mandating or guiding conduct.

Question 34

What are social rules or norms? (1)

Answer 34

Social rules influence the way we behave.

Question 35

Why might we follow social rules? (3)

Answer 35

Because a Penalty may be imposed A sense of moral obligation The rule is reasonable and relevant.

Question 36

How do social rules differ from legal rules? (1)

Answer 36

Social rules are abstract and unwritten whereas legal rules are written down and codified.

Question 37

What are morals? (1)

Answer 37

A set of beliefs and values, some laws seek to reflect and promote certain moral values eg. The discrimination acts.

Question 38

What are disadvantages of moral rules? (1)

Answer 38

Though laws are made based on these moral rules, it is not always that everyone has the same moral views for example we adultery as immoral but it is not illegal.

Question 39

What are formal rules? (1)

Answer 39

A formal mechanism of social control which is enforced and imposed by the state.