nature of law

Question 1

what did the nature of law explain

Answer 1

the key features of our legal system such as the courts system and the evolution of law from different legal sources.

Question 2

How do laws relate to moral and philosophical theories, and how has this relationship evolved over time?

Answer 2

The relationship between law and morality is a central topic in legal and philosophical discourse. Historically, various theories have emerged to explain how laws should align with moral principles, and this relationship has evolved in response to societal changes.

Question 3

what rules are laws

Answer 3

formal ones

Question 4

who created law

Answer 4

the state or lawmakers

Question 5

what punishment is criminal law

Answer 5

sanctions

Question 6

what punishment in civil law

Answer 6

enforceable with remedies available

Question 7

what do judges do with the law

Answer 7

makes law through precedent - legally binding

Question 8

who does laws apply to

Answer 8

all citizens and visitors

Question 9

what are rules defined by twinning and miers

Answer 9

“a general norm, mandating or guiding conduct”

Question 10

rules may be shaped by what

Answer 10

custom or practice or religious beliefs

Question 11

what happens if someone breach the rules

Answer 11

informal sanctions

Question 12

who defined justice

Answer 12

plato

Question 13

what did plato say about justice

Answer 13

Harmony between the different sectors or classes in society.
an overarching virtue of both individuals and societies, so that almost every issue he would classify as ethical comes in under the notion of justice

Question 14

example that plato used for justice

Answer 14

-It is unjust for person to steal
-It is unjust not to pay someone what you owe them

Question 15

what the aim in civil law

Answer 15

to regulate relationships between individuals, and between individuals and organisations

Question 16

what the aim in criminal law

Answer 16

to punish criminals for offences against individuals and society as a whole

Question 17

who starts proceedings in civil law

Answer 17

by an individual or an organisation suing another individual or organstation

Question 18

who starts proceedings in criminal law

Answer 18

by the police and the CPS

Question 19

who has the burden of proof in civil law

Answer 19

on the claimant to prove their claim on the balance of probabilities

Question 20

who has the burden of proof in criminal law

Answer 20

on the crown to prove the charge beyond reasonable doubt

Question 21

what is the venue in civil law

Answer 21

county court or high court

Question 22

what the venue in criminal law

Answer 22

magistrates court or crown court

Question 23

what the outcomes in civil law

Answer 23

defendant is or is not liable to claimant

Question 24

what the outcomes in criminal law

Answer 24

conviction or acquittal

Question 25

what are the remedies in civil law

Answer 25

damages or other remedy such as injunction

Question 26

what are remedies in criminal law

Answer 26

sentence to a punishment imposed by the state

Question 27

What is the difference between common law and statute law, and how do they interact in the legal system?

Answer 27

Common law and statute law are two foundational components of the legal system, each originating from distinct sources and serving different functions.

Question 28

what before 'common law'

Answer 28

there was no unitary national legal systemwh

Question 29

what are the customary law

Answer 29

differed from region to region

Question 30

what was English law at the time is William the conqueror

Answer 30

reliant on local customary law which was administered through ‘manor courts’

Question 31

what are systems of the land ownership

Answer 31

'oaths of fealty' - to pay taxes, provide military support

Question 32

what the therefore the noblemen

Answer 32

the owners of the land who ran their own courts.

Question 33

what are the settlements of disputes were within the keeping of local traditions and customs

Answer 33

varied depending on where you lived and who you swore an oath of fealty to.

Question 34

what did William I decided abt claiming the land

Answer 34

claim all of the land in England as his own.

Question 35

what could the noblemen keep under the William I

Answer 35

keep their titles and their land and their customary rules but, they in turn, had to swear an oath of fealty to the king.

Question 36

what the return for loyalty to the king in the feudal system

Answer 36

his king's army would support the land owners.

Question 37

what happens if a dispute rose in the feudal system

Answer 37

the king also had a right to enter the lands and end the dispute. If there was a dispute between two landowners, the one who was friendlier with the king would have his support

Question 38

what was the problems with awards in feudal system

Answer 38

Any awards ordered by the courts were collected by the landowner, so he was seen to be biased/conflict of interest

Question 39

whats the problem with customary law in the feudal system

Answer 39

when applied it is inconsistent

Question 40

what the problems with the skills/interest of a lord feudal system

Answer 40

Depended on the skill/interests of the lord to administer ‘justice’

Question 41

what did curgis regis do about disputes

Answer 41

five powerful lords travelling the country to hear disputes in the name if the king

Question 42

what was curia good at that people would wait for them

Answer 42

getting specialised at what they did it will

Question 43

was there any bias abt curia regis

Answer 43

no bias

Question 44

what was the awards for curia courts

Answer 44

the money went to the king

Question 45

what was one of the results in the manor court for 'curia regis'

Answer 45

One result of the curia judges travelling around the land (circuit courts) was that when they returned to london and spoke about the variety in customary laws, they decided they should be using the king’s law- not the local laws to decide cases

Question 46

what was the effect on 'curia regis'

Answer 46

a law common to all

Question 47

what problem happen when the manor court ended

Answer 47

lead to common law rule (latin) of - “stare decisis”= stand by the decision

Question 48

judges had to follow what (stare decisis)

Answer 48

to follow a previous decision made by another judge- even if he didn't like it.

Question 49

how would judges know what decision to follow

Answer 49

In order to know that that was they would have to keep a record of the decision which they did on rolls, carried around with them.

Question 50

what does the essential element of common law was the doctrine ensured

Answer 50

that when judges try cases they check to see if a similar situation has come before a court before Ensure consistency

Question 51

what does the rule of doctrine of stare decisis relies on what elements

Answer 51

1. A court hierarchy 2. Binding precedent 3. Accurate law reporting

Question 52

many definitions of law, what is the first concept of law by Professor A v Dicey in 1885

Answer 52

No man could be lawfully interfered or punished by the authorities except for breaches of law established in the ordinary manner before the courts of land

Question 53

many definitions of law, what is the second concept of law by Professor A v Dicey in 1885

Answer 53

No man is above the law and everyone, whatever his condition or rank is, is subject to the ordinary laws of the land

Question 54

many definitions of law, what is the third concept of law by Professor A v Dicey in 1885

Answer 54

The result of the ordinary law of the land is constitution