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45 Cards in this Set
- Front
- Back
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Unit 1
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What is law?
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Define what is law? (1)
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In order to define 'What is law' we need to distinguish the differences between different kinds of law or legal rules and what seperates them from other rules
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What underpins is law? (2)
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The law is underpinned by priciples of morality, but why some priciples are given the force of law and not others is a difficult question.
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What is the role of the individual in law? (3)
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In every society, individuals have both rights and obligations. By restricting the the freedom of each individual, the law protects everyone from that person's recklessness, violence and dishonesty.
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What is law regarding personal freedom? (4)
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The law is a compromise between personal freedom and protecting individuals.
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Explain what rule is
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a rule is a representation of socially accepted norms which can be moral, legal or social.
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Distinguish between legal, moral and social rules
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legal rule
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A legal rule is socially binding and can result in sanctioned punishment through the legal system.
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moral rule
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A moral rule, which can be a subjective opnion or social norm, can either have legal force or not depending on the social consensus
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social rule
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A social rule is a generally accepted form of public behaviour which if broken would not necesarily result in legal action.
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identify the basic difference between civil and criminal law
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criminal law
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Criminal law is governed by the state against individuals who commit crimes which have a wider public significance
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civil law
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Civil law governs the relationship between individuals and is actioned by individuals in iorder to obtain compensation or other redress
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describe what a tort is
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A tort is an area of civil law regarding wrongs committed against individuals due to a lack of care or consideration by another individual.
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illustrate what a tort is
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In a case of tort, such as a car incident, an individual can bring an action against a driver regarding duty of care and negligence, if the actions of that driver can be shown to have been outwith the bounds of normal driving.
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describe what a contract is
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A contract is an agreement between individuals which usually consists of offer and acceptance, implicit, goods, restaurants or explicit, written contracts.
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illustrate what a contract is
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When you make a purchase in a store, this is a form of contract.
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describe basically the relationship between tort and contract
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The relationship between a tort and a contract is that contract governs the implementation of an agreement beetween individuals and a tort can govern any harm ocurring to an individual resulting from a breach of that contract.
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identify the basic elements of a criminal offence
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The basic elements of a criminal offence are actus reus (guilty offence) and mens rea (guilty mind)
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guilty act
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A guilty act coulb be any kind of act that causes damage or including the omission of an act such as not stopping at a red light
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guilty mind
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A guilty mind relates to the intention to cause harm through an act or recklessness, the intention is not required for some criminal offences
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explain basically the role of a jury
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To assess presented facts of a case in order to decide on the guilt or innocence of an individual
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Criminal offences
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clasifications
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What are summary offences
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minor offences, public order etc
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What are indictable offences
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serious offences always tried in the Crown Court such as murder, rape and robbery
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What are triable either way offences
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offences such as theft which can be minor (shoplifting) or major (bank robbery)
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identify civil courts and criminal courts
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Name the main Civil courts
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High Court and County Court
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Name the main Criminal courts
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Magistrates and Crown Courts
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explain basically the role of a jury
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To assess presented facts of a case in order to decide on the guilt or innocence of an individual
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identify and describe the most important sources of law in England and Wales
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(i)Legislation (Government), law enacted through the UK parliament
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(ii)Judge-made law, law enacted through the doctrine of judicial precedent
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(iii) EU law (European Parliament), law enacted through the EU parliament
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(iv)Human Rights Law
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What is deligated Legislation
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Delegated or secondary legislation is usually concerned with detailed changes to the law made under powers from an existing Act of Parliament. Statutory instruments form the majority of delegated legislation but it can also include Rules or Codes of Practice.
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What delegated legislation does
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Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament.
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What are Statutory instruments
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Statutory instruments (SIs) are a type of delegated legislation.
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Judge Made Law - Sources
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Judicial Precedent
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Judges are significant sources of law through common law and judicial precedent which uses previous legal case decision to make a future judicial decision
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Hierarchy of Precedent
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In English law the principle of hierarchy of precedents means that earlier precedents must be followed by courts of lesser or equal stature regarding cases involving the same legal rule.
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The common law
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The common law is an area which has been entirely developed by judges deciding cases before them.
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Statuatory interpretation
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Statuatory interpretation relates to law mad by a Judges interpretation of an Act of Parliament.
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EU Law - Sources
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European Parliament
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Law passed in the European Parliament which affects all member states enacted by treaty
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Human Rights Law - Sources
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ECHR (European Convention of Human Rights)
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The ECHR is an international convention adpoted in 1950 which binds the states that signed it to certain standards within law.
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