the nature of law Flashcards
what is moral rules
these may be defined by society as a behavior code they are principles and standards by which we live
what are legal rules
these are a set of rules imposed and enforced by the state .they are a formal mechanism of social control
what are the priciples of moral law
they develop over time
ought to be obeyed
are enforced by disapproval of the community
are voluntary and apply any to those who accept them
what are the principles of legal rule and what must we do?
can change instantly
must be obeyed
are enforced by the court
are obligatory and apply to everyone
what are the two main sources of law
statue law
common law
what is the difference between criminal and civil law
CRIMINAL LAW
controls types of behavior forbidden by the state
goes through the magistrates and crown court
burden of proof by prosecution
plead guilty or not guilty
imprisonment
CIVIL LAW
deals with private disputes
between individuals and or business
civil law cases include tort and contract
uphold rights of individuals
county court or high court
liable not liable
compensation
burden of proof on the claimant
what is the aim of criminal law
maintain law and order and protect the society
what is the aim of civil law
uphold the rights of individuals rights
