The Nature Of Law Chp1

Question 1

How does twinnings and miners define a rule

Answer 1

A general norm, mandating or guiding conduct

Question 2

Why are rebukes generally obeyed?

Answer 2

Because they carry with them a sense of moral obligation
Because the rule is reasonable and relevant
Because a penalty many be imposed if the rule is broken

Question 3

Norms of behaviour

Answer 3

Develop over time
Ought to be obeyed
Are enforced by disapproval of the community
Are voluntary and apply only to those who accept them

Question 4

Law

Answer 4

Can change instantly
Must be obeyed
Are enforced by courts
Are obligatory and apply to everyone

Question 5

Civil law examples

Answer 5

Law of tort
Contract law
Human rights law
Family law
Employment law
Company law

Question 6

Prosecutor

Answer 6

The legal term for the person or organisation bringing a criminal charge against the defendant

Question 7

Claimant

Answer 7

The legal term for a person or organisation starting a civil claim in the courts

Question 8

Criminal cases vs civil
Purpose of the law

Answer 8

Criminal: to maintain law and order and protect society
Civil: to maintain the rights of individuals

Question 9

Crim v civ
Person starting the case

Answer 9

Crim: usually the state through the crown prosecution service
Civil: the individual who’s rights have been affected

Question 10

Crim vs civ
Courts hearing that case

Answer 10

Crim: magistrates court and crown court
Civil: county court and high court

Question 11

Crim v civ
Standard of proof

Answer 11

Crim: beyond reasonable doubt
Civ: the balance of probabilities

Question 12

Crim vs civ
Person making judgement

Answer 12

Crim magistrates/ judge and jury
Civ: judge very rarely a jury

Question 13

Crim v civ
Decision

Answer 13

Crim: guilty or not guilty
Civ: liable or not liable

Question 14

Crim v civ
Powers of the court

Answer 14

Crim: prison, community order, fine, driving ban
Civil: usually an award of damages also possible injunction, specific performance of a contract

Question 15

Custom law

Answer 15

Historically basis of our common law
Rule of behaviour which develops in a community without being deliberately invented

Question 16

Three sources of law

Answer 16

Custom - historically important
Common- created by judges still important today
Statue - created by Parliament creates major new law

Question 17

Common law

Answer 17

Unwritten law developed from customs and judicial decisions.
E.g murder as never been defined by statute or legislation
Judges can still make new law but only on point in a case then becomes set law for future judges

Question 18

Statute law

Answer 18

Statute law can bring together all the existing law in one area in one single act of parliament
Statute law can create, change or revoke any law. Useful for making wide sweeping changes.