The Nature of Law

Question 1

What controls us as a society?

Answer 1

Term rule defined by Twinning + Miers as: ‘A general norm, mandating or guiding conduct’
* Legal rules
* Moral Rules

Question 2

Explain what legal rules are.

Answer 2

• Law described as a formal mechanism of social control.
• System of courts that apply + enforce law
• Obligatory + apply to everyone
• Must be obeyed.

Question 3

Explain what moral rules are.

Answer 3

• Enforced by the community.
• Voluntary + apply to only those who accept them.
• Ought to be obeyed.

Question 4

State why rules are generally obeyed.

Answer 4

• Follow a sense of moral obligation
• Seen as reasonable + right
• Penalty of punishment

Question 5

State the penalties for civil + criminal law.

Answer 5

• Civil: compensation, damages or orders
• Criminal: imprisonment , fines, community orders

Question 6

Explain what double liability is.

Answer 6

• When there’s both civil + criminal liability
• Conviction - cps - criminal
• Compensation - victim- civil
• Defendant will receive both punishments

Question 7

State + explain the differences between criminal + civil law.

Answer 7

Criminal Law:
* Magistrates Court hears the case initially.
* Standard of Proof: beyond all reasonable doubt
* Burden of Proof: on the prosecution
Civil Law:
* County or High Court hears the case initially
* Standard of Proof: balance of probabilities
* Burden of Proof: on the claimant

Question 8

State + explain the sources of law.

Answer 8

Common Law:
* Laws developed by judicial decisions
* Never been defined in act of parliament.
* Comes into power instantly.
* E.g. Murder
Custom Law:
* Rule of behaviour
* Developed in a community without being deliberately intervened.
* Old system of law- no longer used.
Statute:
* Created through act of Parliament, passed by both houses of parliament, received royal assent
* Highest ranking law
* E.g. Theft Act 1968