Topic 1 - The Nature of Law

Question 1

What are the features of norms of behaviour?

Answer 1

• they develop over time
• they ought to be obeyed
• they are enforced by disapproval in the community
• they are voluntary and apply only to those who accept them

Question 2

What are the features of the law?

Answer 2

• it can change instantly
• it must be obeyed
• it is enforced by the courts
• it is obligatory and applies to everyone

Question 3

What are the features of criminal law?

Answer 3

• it is aimed at trying to maintain law and order and protect society, punishing those guilty of an offence
• cases are taken on behalf of the state, so the CPS is responsible for conducting most cases
• the courts involved are the Magistrates’ Courts and the Crown Courts
• the standard of proof is ‘beyond reasonable doubt’
• a defendant can be found ‘guilty’ or ‘not guilty’
• punishments include a prison sentence, a community order or a fine

Question 4

What is the name of the person starting a case in criminal law?

Answer 4

a prosecutor

Question 5

What is the name of the person starting a case in civil law?

Answer 5

a claimant

Question 6

What are the features of civil law?

Answer 6

• it aims to uphold the rights of individuals
• cases are started by the individual or business which has suffered as a result of a breach in civil law
• the County Court of High Court deal with cases, with cases tried by a judge
• the standard of proof is ‘on the balance of probabilities’
• the defendant can be found ‘liable’ or ‘not liable’
• punishments are aimed at putting right the matter as far as possible, with the award of damages or an injunction

Question 7

What is custom law?

Answer 7

a rule of behaviour which develops in a community without being deliberately invented

Question 8

What is common law?

Answer 8

laws which have been developed by judicial decisions, and can only be created when a relevant case comes before them, and even then only on the point of law specific to that case

Question 9

What is statute law?

Answer 9

laws which have been passed by both Houses of Parliament and received Royal Assent, resulting in an Act of Parliament, with statute law being able to create, change or revoke any law
- an example is the Consumer Rights Act 2015