The nature of law and the English legal system Flashcards
What is a law?
A form of social control
What does criminal law do?
- Sets out forbidden behaviour, if broken the it is a offence against the state.
- The state prosecutes
What is civil law?
- Private disputes between individuals
- Types of civil law include: tort, contract and human rights
Whats the difference between criminal law and civil law?
- Purpose: Criminal law- protects society, Civil law - Rights of individuals
- Starting the case: Criminal law - Crown prosecution service, Civil law - claimant
- Courts: Criminal law - magistrates court & crown courts, Civil law - High courts & county court
- Standard of proof: Criminal law - ‘beyond reasonable doubt’, Civil law - ‘on the balance of probablities’
- Outcome of the case: Criminal law - Guilty or Not guilty (punishment), Civil law - Liable or Not liable (compensation)
What are the three sources of law?
- Custom law - develops by behaviour
- Common law - Unwritten law created by judiciary if relevant case arises
- Statute law - Created by parliament
What is the rule of law?
- All people are subject to the law
- Limits governments power
How does rule of law affect law making?
- The process of law making is equal & fair
- Acts of parliament have to be passed by both houses
How does rule of law affect the legal system?
- The legal system is covered by the rule of law
- Everyone has the right to a fair trial
- The system = free from discrimination & corruption
- Civil system = accessible & affordable
What is the difference between the house of lords and the house of commons?
- House of Commons:
- Elected (every 5 years), government formed by
majority political party
- Elected (every 5 years), government formed by
- House of Lords:
- Non elected, used to allows hereditary peers (now
more strict) - Consists of 92 hereditary peers, 700 life peers & 62
senior bishops
- Non elected, used to allows hereditary peers (now
What is a green paper?
- A document that proposes a idea for a new law
- Issued by minister
- Interested parties send comments to relevant government parties
- Necessary changes are made
What is a white paper?
- States the decisions of government on making the law
- Consultation allows time for consideration
What is a bill?
- Draft law thats passing through parliament before it goes through the stages to become an Act of parliament
- Introduced by government minister of the relevant department
What is a private members bill?
- Individual members of parliament introduce bills
- MPs can introduce a bill through ballot or ‘ten minute’ rule
What is a ballot?
20 Private members are selected and take turns presenting their bill to parliament
What is the ten minute rule?
- Any MP can make 10 minute speech to introduce new legislation
- House of Lords can also introduce private members bill
What are public bills?
Affects whole country/ large section of it
What is a private bill?
Only affects an individual or business
What are hybrid bills?
- A cross between a pubic bill & private bill
- Introduced by government but affects individuals
- Bills give people power to acquire land, grant planning permission & authorise necessary work
What is the role of the house of Commons?
- Democratically elected
- Most bills introduced here
- If commons vote against a bill it ends there
- Debates on issues of policy on a bill and details of the bill
What is the role of the house of Lords?
- Acts as a check for house of commons
- Bill can become law even if HOL rejects it
HOL power = limited - HOL not democratically elected
What is the democratic process for a bill to become an Act?
- First reading - Name of bill read out
- Second reading - Main debate on the bill
- Committee stage - detailed exam of each clause
- Report stage - Committee report on amendments made
- Third reading - Final vote on the bill
- House of lords - goes through the same steps
- Royal assent - Monarch formally gives approval
What are the advantages of parliamentary law making?
- Made by our elected representatives
- Can reform whole areas of law in one Act
- Delegated legistlation allows for greater detail
- Law cannot be challenged
What are the disadvantages of parliamentary law making?
- Parliament doesn’t always have time
- Allows little time for private members bills so they don’t often become law
- Often long and complex and difficult to understand
What political influence is there on parliament?
- Political parties have manifestos to get people to vote for them, if elected they have up to 5 years to bring reforms promised
- Government has major say on new laws