Chapter 1-The Nature Of Law

Question 1

Twining and Miers definition of a rule.

Answer 1

A general norm,mandating or guiding conduct.

Question 2

Rules are generally obeyed for one of three reasons.

Answer 2

1. because they carry with them a sense of moral obligation
2. because the rule is reasonable and relevant
3. because a penalty may be imposed if the rule is broken

Question 3

Legal rules are enforced through?

Answer 3

The courts

Question 4

Civil law is about private disputes between individuals and/or businesses. There are several types of civil law.
Name the main ones

Answer 4

Law of tort
Contract law
Human rights
Family law
Employment law
Company law

Question 5

Law of tort considers what situations

Answer 5

The tort of negligence
The tort of nuisance
The tort of negligence (but may involve occupiers liability and/or employer’s duty under health and safety regulations.)
The tort of defamation

Question 6

When does a tort occur?

Answer 6

Where the civil law holds that,even thought there is no contract between them, one person owes a legal responsibility of some kind to another person, and there has been a breach of responsibility

Question 7

When there is a situation which is continuing, it is also possible to award an injunction what is this?

Answer 7

This is an order to the defendant to do or stop doing something.

Question 8

What is a contract?

Answer 8

It is where the parties have made an agreement and each side has put something into the agreement.

Question 9

What can happen if one party to the contract has not kept to the bargain?

Answer 9

The other party can bring a claim against them.

Question 10

Article 5 of European convention on human rights?

Answer 10

The right to liberty

Question 11

Article 6(1) of the European convention on human rights

Answer 11

The right to a fair trial

Question 12

Article 8 of the European convention on human rights?

Answer 12

The right to respect private life

Question 13

Purpose of criminal law?

Answer 13

Maintain law and order

Aim to protect society.

Question 14

Purpose of civil law?

Answer 14

Upholds the rights of individuals

Question 15

Criminal cases are taken on behalf of what institution?

Answer 15

The state

Question 16

Who is responsible for conducting most criminal cases?

Answer 16

Crown Prosecution Service

Question 17

Who starts the case in civil law?

Answer 17

The individual or business who has suffered as a result of the breach of law.

Question 18

What is a prosecutor?

Answer 18

The person or organisation bringing a criminal charge against a defendant.

Question 19

What is a claimant?

Answer 19

A person or organisation starting a civil claim in the courts.

Question 20

What courts will criminal cases be tried in?

Answer 20

Magistrates’ or Crown court.

Question 21

Lay magistrates and District Judges try in which court?

Answer 21

Magistrates court?

Question 22

Serious offences tried in the crown court are tried by?

Answer 22

A judge sitting with a jury.

Question 23

In general civil cases are heard in which courts?

Answer 23

High courts

County courts

Question 24

Criminal cases must be proved

Answer 24

Beyond reasonable doubt.

Question 25

Civil cases have to be proved

Answer 25

On the balance of probabilities

Question 26

A defendant in a criminal case is found

Answer 26

Guilty or not guilty

Question 27

A defendant in a civil case is found

Answer 27

Liable or not liable

Question 28

At the end of a civil case what happens

Answer 28

Anyone found liable will be ordered to put right the matter as far as possible.
Usually compensation, through the courts such as an injunction.

Question 29

What is a custom

Answer 29

It is a rule of behaviour which develops in a community without being deliberately invented.
They are historically important

Question 30

What is common law

Answer 30

It is unwritten law that developed from customs and judicial decisions.

Question 31

Common law is created by who?

Answer 31

The judges and still important today.

Question 32

Which was the earlier source of law?

Answer 32

Custom

Question 33

Statute law

Answer 33

An act of parliament is law that has been passed by both Houses of Parliament and received royal assent.

Question 34

What can statute law do?

Answer 34

Can create,change or revoke any law.

Question 35

Consumer rights act 2015

Answer 35

Statute law can bring together all the existing law in a single Act of parliament.