The Nature of Law Flashcards
What is a ‘norm of behaviour’?
Correct and accepted behaviour that is adopted in society
How did Twining and Miers define a rule?
“A general norm, mandating or guiding conduct”
How are rules enforced?
Legally or morally; or, through sport
How are rules from customs usually enforced?
Self-guilt and disproval from the community
How was early common law developed?
From customs; a behavioural norm that develops unintentionally.
Following the Norman conquest, Judges appointed by the King travelled the land and made decisions based on customs
What is a law?
A formal mechanism of social control, by a set of rules governed by the state
What is the criminal law?
Rules that govern behaviour forbidden by the state, they involve a punishment (sentencing)
What is the civil law?
Private disputes between individuals and/or businesses. The claimant, if the case is proved, may be entitled to damages or an injunction
In criminal cases…
Law is to maintain order and protect the society. Charges are brought by the CPS and are tried in either the Magistrate’s Court or Crown Court.
The prosecution must prove the case beyond all reasonable doubt due to the potential loss of liberty.
The defendant is either convicted or acquitted
In civil cases…
The aim is to uphold individual rights and put the claimant back in the position they were in before the breach.
The individual suffering, the claimant, brings the case and must prove the breach by the balance of probabilities.
Cases are heard in the County Court or the High Court of Justice.
The defendant is either liable or not liable
What is common law?
Laws made by judges that are often based on common customs
What is statutory law?
Law created by an act of parliament that can create, change or revoke any law
