The Nature Of Law Flashcards
How is the term ‘rule’ defined by academics Twining and Miers
A general norm, mandating or guiding conduct
Why are rules generally obeyed
They carry with them a sense of moral obligation
It’s reasonable/relevant
A penalty may be imposed if it’s broken
How was law been described in the context of laws
A formal mechanism of social control. It is a set of rules imposed and enforced by the state.
What are some characteristics of norms of behaviour
Develop over time
Ought to be obeyed
Enforced by disapproval by a community
Voluntary and applied to those who accept them
What are some characteristics of law
Can change instantly
Must be obeyed
Enforced by courts
Obligatory and apply to everyone
Purpose of law in civil and criminal cases:
Civil: upholds rights of individuals and the courts can order compensation to put the affected individual back to where they would have been if there had not been a breach of civil law.
Criminal: to maintain law and order and to punish, all to protect society.
Who starts a case in a criminal and civil system
Crim: on behalf of the state so crown prosecution service, however other state agencies may prosecute for a certain offence (I.e environment agency for pollution)
Civil: the person or business who has suffered due to a breach in civil law
What is a prosecutor
Legal term for a person or organisation bringing a criminal charge against the defendant
What’s a claimant
Legal term for a person or organisation starting a civil claim in courts
Where are criminal cases tried
Magistrates= less serious Crown= more serious
In a mag= tried by a panel of lay magistrates or a single legally qualified district judge
Crown= with judge and a jury. Judge decides points of law and jury guilty or not.
Where are civil cases tried
County court= less serious
High court= more serious
Judge will try the case, very rare to have a jury
What is the standard of proof in crim and civil law
Crim= Beyond reasonable doubt, you baso have to be sure
Civil= balance of probabilities, a bit convinced
Outcome of case in civil and crim law
Crim= guilty or not guilty(convicted or acquitted) if you’re found guilty you can have various penalties, from a community service order, prison, fined etc
Civil= you’re found liable or not libel. If you’re liable, you must fix the situation, usually by paying damages, although a court can order an injunction to prevent similar future issues or a performance order (where you’re ordered to complete a broken contract)
Sources of law:custom
Custom: older law, develops in a community without being officially invented. Basis for common law(following Norman conquest, judges appointed by king traveled around the land to make decisions in the kings name. Based some decisions on common custom). I.e dunk chairs for witches, eye for an eye. Lord justice coke said in 17th century’s that these customers are one of the main triangles of English law
Common law:
Basis of law today, unwritten and developed from customs and judicial decisions. ‘Common law’ still used to distinguish these laws from statutes. I.e murder is common law. Mostly developed by judges during cases and can only do this when a relevant case comes before them
