law + ethics

Question 1

What are the two main divisions of law?

Answer 1

1) statute

2) civil

Question 2

What is statute law?

Answer 2

law made by Act of Parliament

Question 3

What are the three divisions of statute law?

Answer 3

1) administrative law
2) criminal law
3) professional

Question 4

What does administrative law do?

Answer 4

regulate public bodies

Question 5

What does criminal law relate to?

Answer 5

1) regulation of human conduct

2) relationship between an individual + the state

Question 6

What is the purpose of criminal law?

Answer 6

1) to punish individuals for carrying out criminal activity

2) to deter others from carrying out criminal activity

Question 7

What does professional law do?

Answer 7

underpins powers of professional regulatory bodies

Question 8

What does civil law relate to?

Answer 8

1) relationships between individuals

2) conduct of human relationships

Question 9

What is the purpose of civil law?

Answer 9

1) regulate human relationships
2) protect human rights
3) provide compensation to an individual whose rights have been infringed

Question 10

What is the difference between criminal + civil law?

Answer 10

the state takes no active part on behalf of individual members of society in civil law actions

Question 11

What are the three main elements of parliament?

Answer 11

1) the House of Commons
2) the House of Lords
3) the Monarch

Question 12

What is the House of Commons?

Answer 12

elected body of 695 with political party with the most seats forming the government

Question 13

What is the role of the government?

Answer 13

to govern the country a role it achieves through a large number of government departments each headed by a government minister

Question 14

Who has the greatest influence over law-making/legislative process?

Answer 14

the government

Question 15

What is the House of Lords?

Answer 15

hereditary/appointed body which participates in government + contributes to law-making work of the commons by participating in debates + committees

Question 16

What are the four main sources of law?

Answer 16

1) primary legislation
2) secondary legislation
3) judicial precedent
4) european union law

Question 17

What is primary legislation?

Answer 17

Acts of Parliament created through a formal procedure

Question 18

How do most pieces of primary legislation come about?

Answer 18

1) proposals from cabinet ministers
2) suggestion from government advisors
3) result of commitment to make new laws in an election manifesto

Question 19

What is a green paper?

Answer 19

1) published by a government department

2) sets out government’s views on an issue + asks for public comment

Question 20

What is white paper?

Answer 20

1) produced based on comments from Green Paper consulations

2) puts forward firm proposals but leaves room for minor changes

Question 21

What five stages (readings) does a Bill go through in the House of Commons?

Answer 21

1) 1st reading - existence of Bill is announced + date set for 2nd reading
2) 2nd reading - full debate on merits of Bill + vote by all MPs present
3) Committee stage - Bill considered word for word by committee of 25-45 MPs
4) Report stage - vote taken on merits of Bill
5) 3rd reading

Question 22

What is judicial present (case law/common law/judge law)?

Answer 22

where courts + judges have a role in formulating laws

Question 23

What is the difference between legislation + case law?

Answer 23

legislation may be described as a body of rules which have been formally enacted by parliament whilst case law is the statement of legal position in a particular case/situation based on decisions of previous courts in similar cases/situations

Question 24

When do judges make law?

Answer 24

1) where there is no legislation on a particular issue

2) where there is legislation + meaning is unclear

Question 25

What are the higher courts?

Answer 25

1) the Supreme Court
2) the Court of Appeal
3) the High Court of Justice

Question 26

What is the Supreme Court?

Answer 26

1) highest court that consists of the 12 most senior judges in the land
2) cases involving points of law of public general importance

Question 27

What is the Court of Appeal?

Answer 27

cases involving important points of law usually on appeal from lower courts with 3 judges at a hearing