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35 Cards in this Set
- Front
- Back
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What is a rule? |
Determined by norm of society. |
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Why would someone follow a rule ? 3 reasons. |
1) sense of immoral obligation. 2) the rule is reasonable and relevant. 3) there’s a penalty if rules not followed. |
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What enforces a law/ legal rule ? |
System of courts. |
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What are norms of behaviour enforced by ? |
Enforced by the attitudes of the community and by personal guilt. |
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Name 4 differences between law and norms of behaviour. |
1) Laws can change instantly -> whereas norms develop over time 2) laws must be obeyed -> whereas norms ought to be obeyed. 3) laws are enforced by the courts -> whereas norms are enforced by disapproval of communities. 4) laws are obligatory and apply to everyone -> whereas norms are voluntary and only apply to those who follow. |
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Name 4 connections between law morality and justice. |
1) moral values law down a framework for how people should behave. Morals differ from culture to culture. 2) morals reflect within different countries differently. 3) major breaches of moral code usually against law. 4) justice is the ultimate goal towards which the law should strive. |
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What’s the difference between law and morality? |
1) law can be deliberately altered by Legislation -> morality can’t. 2) legal sanctions and obligatory behaviour if break a law -> whereas morality has no sanctions but some consequences. |
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What’s the case of London & North Eastern Railway v Berriman? Showing what ? |
A widow tried to get compensation when her husband ways killed on a railway when repairing and delaying the tracks. There was no lockout provided when should have been but compensation only covered oiling the tracks. Shows injustice if laws applied rigidly. |
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What difference sources has law been developed through? |
Including custom, common law, equity and statute law |
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What is a custom ? |
A custom is a rule of behaviour which develops in a community without deliberate intervention. This is the earliest source of law. |
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What is common law ? |
- developed in 1066 after Norman conquest when a mere organised system of courts developed. - common law distinguishes between statute and judicial. Eg. Murders not defined in any act but Is In common law., whereas theft has an act. - common law can ONLY made when a case comes before judges. |
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What does equity mean? |
Equity has a meaning of fairness and this is the basis on which it operates on. |
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What does equity mean? |
Equity has a meaning of fairness and this is the basis on which it operates on. |
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How did equity develop? |
Because of problems in common law |
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What does equity mean? |
Equity has a meaning of fairness and this is the basis on which it operates on. |
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How did equity develop? |
Because of problems in common law |
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What was the main remedy the common Law courts could give? Give an example. |
Damages and somethings that isn’t the best method of putting matters right between parties. Eg) Damages would not be appropriate if you build on your neighbours land - you would want an order to take it down. |
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What does equity mean? |
Equity has a meaning of fairness and this is the basis on which it operates on. |
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How did equity develop? |
Because of problems in common law |
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What was the main remedy the common Law courts could give? Give an example. |
Damages and somethings that isn’t the best method of putting matters right between parties. Eg) Damages would not be appropriate if you build on your neighbours land - you would want an order to take it down. |
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When was the conflict resolved in the Earls Oxford Case 1615? |
When the king ruled that equity should prevail. This ruling made the position of equity stronger and the same ruling was subsequently included in S25 of the Judicature Act 1873. |
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What is a statute ? |
Highest form of law as an act in parliament and now is the most developed system of law. Statures can be new, amended or repeated. (however common law is still binding-statute will come above common law if they are conflicting ) |
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What is a statute ? |
Highest form of law as an act in parliament and now is the most developed system of law. Statures can be new, amended or repeated. (however common law is still binding-statute will come above common law if they are conflicting ) |
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What’s the general difference between countries with civil court systems and countries with common law systems? |
Common law system countries have decisions made by judges to make laws which are followed. Civil court laws are a written code of law and courts follow the principles of code. Civil courts have less on an impact yh right judges. |
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Why is there two sorts of law systems ? |
Western European countries had a civil law system but England had a common law system. When England colonised other areas, they took the system with them: like to Australia, Canada, India, Malaysia. |
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Why is there two sorts of law systems ? |
Western European countries had a civil law system but England had a common law system. When England colonised other areas, they took the system with them: like to Australia, Canada, India, Malaysia. |
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Name 4 differences between civil n common law systems. |
1) Civil relies on written code -> common is unwritten and relies on decisions of judges. 2) civil code aims to cover all possibilities with board principles -> law is argues from case to case on specific points. 3) decisions of judges can be considered but are not binding -> decisions in higher court are binding. 4) in modern times case law has become more important-> board principles have been encouraged by mode times codification (Pulling together relevant acts and case law together) by the law commission and the use of the purposive approach in statutory interpretation. |
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What is the concept of law? |
1) all people are subject and accountable to law that is fairly applied and enforced. 2) the process by which laws of the country are enacted, administers and enforced must be fair 3) the rule of law is to safeguard against dictatorship. Supports democracy. |
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What did Tony Honere state the rights of people should include? |
1) no person shall be sanctioned except in accordance with the law. 2) there is equality before the law, there must be no discrimination on any grounds. 3) there must be fairness and clarity of the law. |
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What did Dicey believe ? |
- absence of arbitrary power on part of the state. - equality before the law - supremacy of ordinary law. |
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What did Dicey believe ? |
- absence of arbitrary power on part of the state. - equality before the law - supremacy of ordinary law. |
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What did Von Hayek believe ? |
- absence of arbitrary power on part of the state. - rule of law weakened by increasing interventionist state. - modern state is directly involved in regulating economics activity in conflict with the rule of law |
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What did Dicey believe ? |
- absence of arbitrary power on part of the state. - equality before the law - supremacy of ordinary law. |
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What did Von Hayek believe ? |
- absence of arbitrary power on part of the state. - rule of law weakened by increasing interventionist state. - modern state is directly involved in regulating economics activity in conflict with the rule of law |
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What did Joseph Raz believe ? |
- clear rules and procedures for making laws. - judicial independence must be guaranteed. - principles of natural justice should be observed. - courts should have the power to review the way In which the other principles are implemented. |
