Law Flashcards
(11 cards)
Define criminal law and give an example of something that breaks this law.
Criminal laws is concerned with wrongs committed by individuals but seen as harmful to society as a whole. Examples: murder, robbery, harassment, assault.
Define civil law and give an example of something that breaks this law.
Civil law is about disputes between individuals. Examples: defamation, unlawful termination.
Who goes against each other in civil law?
Claimant VS Plantiff.
Who goes against each other in criminal law?
Prosecutor VS Defendant.
Define and provide an example of statutory law.
Statutory law is laws created in parliament and written into official legislation. Examples: speed limits.
Define and provide an example of common law.
Common laws are laws developed by judges through decisions in individual court cases. Examples: the law of negligence.
What is the purpose of common law?
Fills gaps in the law, precedent, adaptability, judicial interpretation, flexibility.
What is the purpose of statute law?
Clarity and consistency, public awareness, regulation, adaptability and accountability.
How is statute law created?
Idea for a bill -> drafting of a bill -> first reading -> second reading -> third reading -> senate process -> royal assent -> becomes law.
How is common law created?
Case brought to court -> Judicial decision -> judgement -> recording and reporting-> binding precedent -> evolution
