The nature of law Flashcards
Purpose of law: Criminal cases
To maintain law order: to protect society
Person starting Criminal cases
Usually the state through the crown prosecution service
Legal name for the person starting a criminal cases
Prosecutor
What courts hear criminal cases?
Magistrate’s Court and Crown Court
What is the standard of proof for criminal cases?
Beyond reasonable doubt
Who makes the decisions in criminal cases?
Magistrates in the Magistrate’s Court
What are the powers of the criminal courts?
Prison, community order, fine, driving ban
What is the purpose of the law in civil cases?
To uphold the rights of individuals
Who starts civil cases?
The individual whose rights have been affected
What is the legal name for the person starting a civil case?
Claimant
What courts hear civil cases?
County Court and High Court
What is the standard of proof for civil cases?
The balance of probabilities
Who makes the decisions in civil cases?
The judge (rarely a jury)
What conclusion do civil courts come to?
Liable or not liable
What conclusion do criminal courts come to?
Guilty (convicted) or not guilty (acquitted)
What are the powers of the civil courts?
Usually an award of damages (compensation) or an injunction
What are the three sources of law?
custom, common law and statute law
What is the definition of custom?
A custom is a rule of behaviour which develops in a community without being deliberately invented. These are the basis of common law.
What is common law?
Common law is unwritten law that developed from customs and judicial decisions.
What is statute law?
Statute law is an Act of Parliament that has been passed by both Houses of Parliament and received Royal assent.
Define ‘rule’
“A general norm mandating or guiding conduct” - Twining and Meyers
Why are rules obeyed? ( 3 reasons)
- They carry a sense of moral obligation.
- The rule is reasonable and relevant.
- A penalty may be imposed if the rule is broken
Define criminal law
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.
Define civil law
Civil law is about private disputes between individuals and/ or businesses
____ is a formal mechanism of social control
Law
____ develop over time whereas ___ can change instantly
Norms develop over time whereas law can change instantly
___ must be obeyed whereas ____ ought to be obeyed
Law must be obeyed whereas norms out to be obeyed
___ are enforced by disapproval of the community whereas ___ are enforced by the courts
Norms are enforced by the community whereas laws are enforced by the courts
___ are obligatory and apply to everyone whereas __ are voluntary and only apply to those who those who accept them
Law are obligatory and apply to everyone whereas norms are voluntary and only apply to those who accept them
