ELS Nature Of Law Flashcards
(28 cards)
One difference between norms of behaviour and laws
Norms develop over time ans laws can change instantly
Second difference of norms of behaviour and laws
Norms are ought to be obeyed whereas laws must be obeyed
Third difference between norms and laws
Norms are enforced by the disapproval of the community whereas laws are enforced by the law
Last difference between norms and laws
Norms are voluntary and only apply to those who accept them whereas laws are obligatory and apply to everyone
What does the criminal law set out
Types of behaviours which are forbidden and risk punishment
Civil law
Private disputes between an individual and a business
Civil laws deal with
Human rights
Family law
Employment law
Law of tort in civil law
Where one person owes a legal responsibility to another even though there is no contract between them and breaches it eg: driving
Law of contract in civil law
Where parties have made an agreement and one side does not keep to their side of the bargain eg: buying goods
Purpose of criminal law
Maintain law ans order ans protect society
Purpose of civil law
Uphold rights of individuals
Person starting the case in criminal law
The state through the crown prosecution service
The person stating the case in civil law
The individual who’s rights have been affected
Courts hearing the cases of criminal law
Magistrates ans crown court
Courts hearing the cases of civil law
County / high court
Standard of proof for criminal law
Beyond reasonable doubt
Standard of proof in civil law
Balance of probabilities
Person making the decision in criminal law
Magistrates or judge ans jury
Person making the decision in Cingular law
The judge
Decision for criminal law
Guilty/ not guilty
Decision for civil law
Liable / not liable
Powers of the court in criminal court
Prison
community order
Fine
driving ban
Power of court in civil law
Usually awarded for damages ans injunction
Definition of custom
A rule which develops in a community without being deliberately invented
