Flashcards in Law In Society Deck (110)
What are legal rules? An example
They are laws, made by law-making bodies who hold the force of law. Examples include; Parliament, local councils. These laws can be enforced through the courts.
What are non-legal rules? Example
They are made by private individuals or groups in society, this can include schools and parents. These rules cannot be enforce through the courts
What's a major difference in rules ?
They are able to tell us what we can and can't do, but the consequences may be different.
What is the aim of law?
The aim is to protect our society and keep it functioning. It also aims to protect individual rights and stop the behaviour that can affect our peace and good order of society.
Why are laws needed?
Laws are needed as they or ode a set of guidelines for acceptable behaviour and prevent conflict. If we didn't have laws, our society would be in chaos.
Due to conflicts being inevitable, laws are required for what reason?
Laws are required to outline how disputes will be resolved. Many people can take disputes to court, this helps to prevent future disputes as it causes people to be aware of the consequences that apply to poor behaviour.
What are the characteristics of an effective law?
- known to the public
- acceptable to the community
- able to be enforced
- able to be changed
When a law is effective, how does being 'known' help?
The law has to be known by the community in order for them to follow it. If people aren't aware of the law, they won't be able to follow it. The responsibility lies with the public and law-makers, so it can work for everybody.
Eg. Road signs
When a law is effective, how does being 'accepted' help?
The law needs to be accepted by the community and share their values. If this is not the case, people will not feel inclined to follow to it.
When a law is effective, how does being 'enforceable' help?
To be an effective law, it has to be able to be enforced.
So if someone is breaking the law, they must be able to get caught and brought to justice. If these actions don't occur, people will be less likely to follow the law.
Eg. Police are able to enforce speed laws.
When a law is effective, how does being 'stable' help?
For it to be as effective as possible, it must be able to remain stable. If it continuously changes, people would struggle to keep up with changes and would not follow through.
Eg. Against the law to steal
When a law is effective, how does being 'changeable' help?
As values change, the law needs to change to suit these values. This involves advancements in technology as well.
Eg. New laws needed to combat identity theft.
Laws can be classified according to:
*The types of actions that may have occurred and the outcome that will resolve due to a law being broken, for example;
- criminal law
- civil Law
*the source of law, for example;
- laws Made by parliament
- laws made by subordinate authorities
- Laws made b courts
What are laws made by parliament?
Acts of Parliament
What are subordinate authorities?
Bodies given the right to make laws by parliament, such as local councils
What are roles of laws made by courts?
The reasons for decisions reached in court when hearing a dispute which is followed in the future
What is criminal law?
A law that protects the community by keeping the peace. It is relate to actions in society that are unacceptable. When a criminal law is broken, the police will take the offender to court.
What is the main aim of criminal law?
Is to apprehend, prosecute and punish those who have broken the law and influenced others to break the law.
Who carries out the prosecution on a person?
Carried out by the state, on behalf of the society. They are commonly known as the prosecution, crown or state.
What is the accused or offendor?
The person who is being charged with the offence
What is a suspect?
Someone who is suspected to have committed the crime.
What is a charge?
When the police formally allege that somebody has committed a crime
What is a sentence?
The punishment handed out to the guilty offendor
What is conviction?
If the offender is found guilty, the court records the conviction (the guilty verdict), though in some circumstances it's decided by the court not to have a conviction, do the offender does not have a criminal record
What is civil law?
It protects the rights of a person, relating between two or more parties. It can be between individuals or groups (like a company). In civil cases, the persons rights have been undermined and so they sue the other person for the damage and order the defendant to rectify (correct mistake) situation or pay compensation.
What is the main aim of civil law?
To return the persons rights that have been infringed to their original position.
What is the plantiff?
The person who brings case to court
What is the defendant?
The person defending the case
What is sue?
Make application in court in a civil matter. And begin civil proceedings against another person