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34 Cards in this Set
- Front
- Back
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What is the definition of law? |
The law is a set of enforeceable rules that governs the behaviour of everyone in a state. |
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What are the three characteristics of law? |
Universallity - applies to everyone in a community. Compulsion - people are governed by it whether they like it or not. Enforcement- sanctions are imposed if broken |
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When statutes are made what 2 things must happen to it before it becomes law? |
Passed by Parliament. Given Royal Assent by The Crown. |
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Whats another word for case law? |
Judicial precedent |
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The institutions and methods by which law is made is collective called? |
The English Legal System |
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What are the 2 aims of the law? |
1. To regulate society 2. To provide a means of dispute resolution |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): 1. Facilitating... |
Facilitating the smooth running of society and the welfare of individuals |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): 2. Protecting... |
Protecting people and property from criminal behaviour |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): 3. Ensuring... |
Ensuring that people accused of breaking the law have a fair trial |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): 4. Punishing... |
Punishing people found to have broken the law |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): Providing ... |
Providing an orderly framework for family life, education, healthcare etc |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): Facilitating... |
Facilitating trade and enterprise |
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6 functions of the legal system that helps it to achieve the two aims (ie regulate society & provide a means of dispute resolution for individuals): Facilitating... |
Facilitating trade and enterprise |
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The law must be what 2 things? |
1. Accepted by the majority 2. Enforceable |
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What 2 characteristics equate to enforceability ? |
Credibility People belive breach will result in sanction |
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How often are the members of the House of Commons elected by public ballot? |
Every 5 yrs |
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Who is able to appoint new members of the House of Lords? |
The Prime Minister |
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When did Queen Elizabeth ll become Queen? |
1952 |
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Who did Queen Elizabeth ll inherit the title from? |
Her dad King George Vl |
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The police are a law... |
Enforcement agency |
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The CPS act on behalf of the... |
State (in the name of the Crown) |
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The RSPCA is an example of a ... body which has the power to enforce ... legislation |
The RSPCA is an example of a statutory body which has the power to enforce secondary legislation |
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Distinctions between criminal & civil law: A criminal case involves a wrong committed against ... A civil case involves a wrong commited against ... |
Criminal = against the state Civil = against a person |
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Distinctions between criminal & civil law: The purpose of criminal law is to... The purpose of civil law is to regulate... |
Criminal = to protect society Civil = to regulate relationships between individuals and organisations |
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How does criminal law protect society? |
Deterring criminal behaviour Punishing wrongdoers |
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Prosecutions a brought by... |
The CPS (acting in the name of the Crown 'R') |
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Private prosecutions are brought by... |
The DPP (the Director of Public Prosecutions) |
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In a civil case the claimaint...the defendant |
Sues the defendant |
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Is legal aid available in criminal cases? |
Yes It is available to ensure all defendants get a basic level of legal advice |
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Is legal advice aid in civil cases? |
Not usually
"It is very difficult to obtain legal aid in civil cases" |
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Almost all civil cases will be heard by a single judge. But when would you expect to see a jury in a civil case? |
Defamation cases |
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What is meant by a "question of law"? |
What he law actually means. So, interpretation of the law |
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What is meant by a question of fact? |
What version of facts is to be believed. |
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In criminal cases the judge or jury reaches a verdict of guilty or not guilty. In civil cases the judge reaches a ... as to whether the claimant is ... to the defendant |
reaches a verdict as to whether claimant is liable to the defendant |
