Classifications of Law Flashcards
(24 cards)
What are the two main types of law classifications?
National and international law
National law governs within a single jurisdiction, while international law governs relations between states.
What are the two types of legal systems mentioned?
Common law and civil law
Common law is based on judicial decisions, while civil law is based on codified statutes.
What are the two main categories of law?
Private and public law
Private law deals with relationships between individuals, while public law governs the relationship between individuals and the state.
What are the two main types of law concerning legal actions?
Criminal and civil law
Criminal law involves offenses against the state, while civil law deals with disputes between private parties.
What is international law often referred to as in international relations?
The ‘rules-based order’
This term reflects the framework within which states interact based on established rules.
What does international law govern?
The rights and responsibilities of States
It includes how states interact with each other and other entities.
What are the primary concerns of international law?
- Rights and duties of States
- Economy
- Military
- Trade
- Nuclear weapons
- Status
These areas reflect the scope of international legal relations.
What is the main source of international law?
International Conventions or Treaties
These can be bilateral or multilateral agreements covering various issues.
What is Customary International Law (CIL)?
Laws accepted by States through their consistent practice
CIL reflects the practices that states routinely follow and recognize as legally binding.
What does ‘General principles recognised by civilised nations’ refer to?
Principles like ‘good faith’ in treaties
These principles are foundational to international agreements and relations.
What is the role of the UN General Assembly in international law?
It issues non-binding resolutions
While the General Assembly can discuss and recommend actions, its resolutions lack legal binding force.
What distinguishes public international law from private international law?
Public international law governs relations between States
Private international law addresses conflicts of laws in cross-national matters.
What are the two broad families of law mentioned?
Common law and Civil law
These families represent different legal traditions and systems.
What is the basis of the Civil Law Tradition?
Roman law
This tradition emphasizes codified statutes and comprehensive legal codes.
What is a key feature of Common Law Tradition?
Judges’ decisions are informed by previous case decisions
This practice is known as the doctrine of precedent.
What is the main source of law in common law systems?
Judicial decisions
This contrasts with civil law systems, where legislation is the primary source.
What type of justice system do civil law countries typically have?
Inquisitorial systems of justice
In such systems, the judge plays an active role in conducting the trial.
What is the primary difference in the role of judges between common law and civil law systems?
Common law judges rely on precedent; civil law judges apply and interpret legislation
This distinction highlights the different approaches to case law and judicial decision-making.
What are the two main branches of law by subject matter?
Criminal and civil law
These branches categorize laws based on the nature of the legal issues they address.
What is the onus of proof in civil law?
Balance of probabilities
In civil cases, the burden of proof lies with the party bringing the claim.
What is the presumption of innocence in criminal law?
Proof beyond reasonable doubt
The accused is considered innocent until proven guilty in a court of law.
What does ‘actus reus’ refer to in criminal law?
The physical element of a crime
It is one of the key components needed to establish criminal liability.
What is meant by ‘mens rea’ in criminal law?
Guilty mind
This concept refers to the mental state or intent behind committing a crime.
What is the significance of the separation of powers in law?
It prevents any one branch from exercising too much power
This principle is fundamental in both national and international legal systems.
