WEEK 1 Flashcards
Law which is developed from the courts decisions (Case law)
Common law
Law which is passed by the legislature (Parliament)
Statute law
Law related to the punishment for breaches of the laws which are agreed to by a society
Criminal law
law as between individuals sometimes referred to as tort law
Civil law
The final judicial body for appealing decisions of all other courts
High courts
The rule that decisions handed down by higher courts are binding on those inferior within the same court system/structure
Doctrine of precedent
The mental element of an offence ex. the intention
Mens rea
The activity/physical aspect of an offence
Actus rea
laws are norms that have been created by a person/body who has been given authority to make the laws
legal positivism
A rule entitling one to expect or demand other people act or desist from acting in the certain ways
Rights
Obligations an individual owes others or responsibilities pursuant to a rule
Duties
the basic rights and freedoms to which all humans are entitled to be invested with
Human rights
Basic rights which are largely negative-to refrain from arbitrary use of power over the individual
First-generation rights
level of proof required in a civil case
Balance of probabilities
The ability of a superior court to hear and review decisions of inferior courts
Appellant jurisdiction
