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31 Cards in this Set
- Front
- Back
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Natural Law
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Naural law claims that law must be moral in order to be law, and that 'immoral law' is a contradiction in terms. Natural lawyers usually base their ideas of law on underlying religious beliefs and texts which are in the very literal sense sacrosanct, but this is not a necessity and opposition to specific law may be based on pure reason or political ideas.
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Legal Positivists
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Legal positivists argue that law has no necessary basis in morality and that it is simply impossible to assess law in terms of morality.
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Legal enforcement of morality (Example the Hart v Devlin debate pg 3, nature of law)
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Morality vis á vis the law constitutes an external environment which interacts with lawmaking process, not because law makers are blessed with devine insight into the 'general will', but rather because laws tend to be based on value-loaded information which percolates to the law-makers (whose own individual values have a disproportionate influence upo the process). [L Bloom-Cooper and G Drewry, Law and Morality (1976),p.xiv]
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Common Law
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The term 'Common Law' can refer to all those legal systems that have adopted the historic English legal system
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Civil Law
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The term 'Civil Law' refers to other jurisdictions that have adopted the European continental system of derived from ancient Roman law and Germanic tradition.
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Categorising law
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Common Law and Civil Law systems: describe what?
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Two distinct legal systems between UK and its former territories and Europe
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Common Law and Equity: describe what?
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Two historical sources of law, now united in the English courts
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Common Law and Statute: describe what?
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Two sources of English law. Common Law is 'judge-made' while statute is enacted by parliament
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Private and Public Law: describe what?
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Terms which show who the law relates to.
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Public Law
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Public Law is addressed to public bodies
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Private Law
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Private Law regulates the relationship between ordinary citizens
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Civil Law (UK)
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Civil Law regulates disputes between individuals
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Criminal Law
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Criminal Law allows the state to regulate the behaviour of citizens
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Key distinction between Criminal and Civil Law (proof)
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The level of proof required in a criminal case must prove guilt beyond resonable doubt, while in a civil case, the degree of proof is lower and has only to be on the balance of probabilities.
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Burden of proof (prosecution, claimant)
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The need for the person making the allegation, be it the prosecution in a criminal case or the claimant in a civil case, to prove the facts of the case.
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Reverse burden of proof (defendant, respondent)
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A term describing the need for the person accused to prove their lack of culpability
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Reverse burden of proof, legal or evidential
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Legal or evidential refers to the degree of evidence a defendant or respondent has to provide in order to meet the burden they are under
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Hybrid offence (examples, Protection of Harassment Act 1997 and the Crime and Disorder Act 1998)
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A situation where a court awards a civil order against an individual, but with the attached sanction that any breach of the order will be subject to punishment as a criminal offence.
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Courts (criminal)
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Magistrates' and Crown Court
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Courts (civil)
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County Court and High Court
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Aims (criminal)
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Enforce standards of behaviour, protect, punish and rehabilitate
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Aims (civil)
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Resolve disputes between individuals
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Outcomes (criminal)
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Sentences include imprisonment and community service
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Outcomes (civil)
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To compensate for loss or harm caused
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Terminology (criminal)
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Prosecute, guilt
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Terminology (civil)
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Action, liability
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Standard of proof (criminal)
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Beyond reasonable doubt
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Standard of proof (civil)
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On the balance of probability
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Procedure (criminal)
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Arrest and charge by police, prosecution by CPS
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Procedure (civil)
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Decision to bring an action made by claimant
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