Chapter 1 - The Rule Of Law Flashcards Preview

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Flashcards in Chapter 1 - The Rule Of Law Deck (117)
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Draw the hierarchy of courts.

Ok, check


Distinguish and differences between National and International law

International : disputes between countries; law comes from treaties

National law: law applied within a country; each country has it's own law


Types of public law

Constitutional, Administrative, Criminal


What's the purpose of criminal law?

1. Sets out behaviours that are punishable.
2. Person who has offended against the state; state has the right to prosecute them.


How can prosecutions be made in a criminal case?

Prosecutions can be made by the state (CPS); and if ever the state does not take matter in its own hands, the victim can initiate a private prosecution.


What can happens when there's a private prosecution going on?

The state has the right to intervene and take matters in it's own hand.


Will a victim get compensation at the end of a criminal case?

It's not necessary for the victim to get compensation as it is not a dispute between 2 individuals but the criminal court have the power to order the offender to offer compensation and can also punish the guilty.


When does a tort occur?

A tort occur when even if there's no contract between two individuals, one of them owes a sense of responsibility to the other in one or another and there has been a breach of that responsibility.


How to we call the person starting the case in criminal cases?

Prosecutor (on behalf of the state; CPS)


How dow we call the person starting a civil case?



What terminology is used in a criminal case?

Guilty; convicted
Not guilty; acquitted


What terminology is used in a civil case?

Liable; ordered to put things in order (damages, injunction, specific performance)

Not liable


Say something about the standard of proof in criminal and civil cases.

Criminal cases must be proved beyond reasonable doubt
Civil cases have only to be proved 'on the balance of probabilities'


What's the purpose of law in criminal and civil cases?

In civil cases; to uphold the rights of individuals
In criminal cases; to maintain law & order, to protect society


Who usually starts a case in a civil or a criminal case?

Civil; person whose rights has been affected,
Criminal; state through CPS/Police


How do we call the person/s making decisions in civil/criminal case?

Civil: judge, very rarely a jury
Criminal: Magistrate or Jury


Definition of law according to 'Sir John Salmond'

The body of principles recognised and applied by the state in the administration of justice.


Definition of law according to sociology?

A formal mechanism of social control.


What can u say about law and rules?

Law applies throughout the country to people in general and rules applies to only a specific group or in limited situations.

There's also unwritten rules; custom


What can you say about 'codes of law'

In some countries, an effort has been made to produce a complete set of rules designed to deal with every possible situation that might arise! Ex: Napoleonic Code in France


Is a codified system of law OK?

No, laws need to be able to be changed and developed with the needs of society; a fully codified system will prevent change.


What can you say about law and morality?

Moral values lays down a foundation for how people should behave, and concepts of morality differs from culture to culture. The law of a country will usually reflect the moral values accepted by the majority of a country.


I'm what year was abortion legalized in UK?



Differences between law and morality?

1. Morality can't be changed deliberately; it evolves slowly, according to the needs of society and laws can be altered by legislation.
2. Morality brings with it informal sanctions but laws make certain behaviours obligatory with legal sanctions to enforce it.
3. Breaches of mortality will not usually subject to formal adjudication but breaches of law will be ruled on by a formal legal system


Does the law always provide justice?

Not always so, but it is the ultimate goal towards which the law should strive.


What can u say about rights and duties?

The law gives rights to people and methods of enforcing those rights and is involved in a balancing act, trying to ensure that one's person's right does not affects another person's rights. In order to keep the balance, the law also imposes duties on people.


How does the law impose duties on people?

Ex: in a contract, both people have certain rights and duties under the contract. Even where there is no contract/agreement between two individuals, the law can impose duties on those people.


How many elements were there that created the rule of law?

1. An absence of arbitrary power on the part of the state.
2. Equality before the law.
3. Supremacy of ordinary law.


In our English Legal System, how can the actions and decisions of government ministers be challenged?

Judicial review


What are the principles that Joseph raz set out?

1. There should be clear rules and procedures for making law.
2. The independence of the judiciary must be guaranteed.
3. The principles of natural justice should be observed; these require an open and fair hearing with all parties being given the opportunity to put their case.
4. The courts should have the power to review the way in which the other principles are implemented to ensure that they are being operated as demanded by the rule of law.