The nature of law

Question 1

Purpose of law: Criminal cases

Answer 1

To maintain law order: to protect society

Question 2

Person starting Criminal cases

Answer 2

Usually the state through the crown prosecution service

Question 3

Legal name for the person starting a criminal cases

Answer 3

Prosecutor

Question 4

What courts hear criminal cases?

Answer 4

Magistrate’s Court and Crown Court

Question 5

What is the standard of proof for criminal cases?

Answer 5

Beyond reasonable doubt

Question 6

Who makes the decisions in criminal cases?

Answer 6

Magistrates in the Magistrate’s Court

Question 7

What are the powers of the criminal courts?

Answer 7

Prison, community order, fine, driving ban

Question 8

What is the purpose of the law in civil cases?

Answer 8

To uphold the rights of individuals

Question 9

Who starts civil cases?

Answer 9

The individual whose rights have been affected

Question 10

What is the legal name for the person starting a civil case?

Answer 10

Claimant

Question 11

What courts hear civil cases?

Answer 11

County Court and High Court

Question 12

What is the standard of proof for civil cases?

Answer 12

The balance of probabilities

Question 13

Who makes the decisions in civil cases?

Answer 13

The judge (rarely a jury)

Question 14

What conclusion do civil courts come to?

Answer 14

Liable or not liable

Question 15

What conclusion do criminal courts come to?

Answer 15

Guilty (convicted) or not guilty (acquitted)

Question 16

What are the powers of the civil courts?

Answer 16

Usually an award of damages (compensation) or an injunction

Question 17

What are the three sources of law?

Answer 17

custom, common law and statute law

Question 18

What is the definition of custom?

Answer 18

A custom is a rule of behaviour which develops in a community without being deliberately invented. These are the basis of common law.

Question 19

What is common law?

Answer 19

Common law is unwritten law that developed from customs and judicial decisions.

Question 20

What is statute law?

Answer 20

Statute law is an Act of Parliament that has been passed by both Houses of Parliament and received Royal assent.

Question 21

Define ‘rule’

Answer 21

“A general norm mandating or guiding conduct” - Twining and Meyers

Question 22

Why are rules obeyed? ( 3 reasons)

Answer 22

1. They carry a sense of moral obligation.
2. The rule is reasonable and relevant.
3. A penalty may be imposed if the rule is broken

Question 23

Define criminal law

Answer 23

Criminal law sets out the type of behaviour which is forbidden at risk of punishment. A person who commits a crime is said to have offended against the state.

Question 24

Define civil law

Answer 24

Civil law is about private disputes between individuals and/ or businesses

Question 25

____ is a formal mechanism of social control

Answer 25

Law

Question 26

____ develop over time whereas ___ can change instantly

Answer 26

Norms develop over time whereas law can change instantly

Question 27

___ must be obeyed whereas ____ ought to be obeyed

Answer 27

Law must be obeyed whereas norms out to be obeyed

Question 28

___ are enforced by disapproval of the community whereas ___ are enforced by the courts

Answer 28

Norms are enforced by the community whereas laws are enforced by the courts

Question 29

___ are obligatory and apply to everyone whereas __ are voluntary and only apply to those who those who accept them

Answer 29

Law are obligatory and apply to everyone whereas norms are voluntary and only apply to those who accept them