LWZ115 wk 1 Flashcards
(28 cards)
Define the civil law system
A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists
Define the common law system
The body of law primarily developed through judicial decisions rather than statutes
what is law
the principles and regulations eminating from a government and applicable to a people whether in the form of legislation or of custom and policies which is recognised and enforced by judicial decision.
define natural law
law as the emination of the divine providence, rooted in the nature and reason of mankind
define positivism
the theory that law is what humans declare it to be
define legal formalism
the theory that legal rules are seperate from other social and political institutions.
define utilitarianism
the theory that an action is morally correct if the consrquences of adopting it are more favourable than not adopting it.
define feminism
a view that all sexes have equal human rights and that laws reflect gender power imbalances
Define legislation
rules made by parliament and by those parliament has delegated authority.
define stare decisis
the doctrine of precedent
define a writ
initially a command from a monarch; later developed into a written set of instructions in the form of a command in the name of the court or other legal authority to act or abstain from acting in a particular way
define private law
the law governing relations between non-state entities; including individuals and organisations
define public law
the law governing relations between individuals and the state
define civil law
the law dealing with disputes between private parties, generally providing compensation from the party in breach of the obligation.
define criminal law
the system of law concerned with the punishement of offenders by the state
explain the significance of the year 1066 in relation to english common law
the year of the Norman Conquest of England. A seminal event in the development of the English common law.
define the rule of law
a central constitutional principle imposing pricipled limits on the government’s power, individual’s and government officials are still subject to the law as administered by the courts.
Define seperation of Powers
an important constitutional principle that avoids the concentration of government power by dividing it among the three arms of government, the legislature, the executive, and the judiciary.
define responsible government
one in which there is a degree of accountablity towards parliament.
Define Feuedalism
a strongly hierachial system of society and political organisation based on land ownership that was dominant in Medieval Europe and the British Isles.
define the Magna Carta
The ‘great charter’ which king john was forced to sign in 1215, restricting the king’s power in numerous respects, making it an early statement of the rule of law.
define plaintiff
the party to a case who brings the action
Explain legal fiction
the legal acceptance of a faabricated version of facts so as to extend the reach of exsisting law to cover a novel situation. e.g the court of the exchequer which began to allow civil financial disputes as it would in turn enable people to repay their debts to the crown.
define defendant
the party to which a case against whom the action is brought.
