Nature of law (English Legal system)

Question 1

What are 4 of the enforceable legal rules that you have to learn?

Answer 1

1) procedural laws
2) substantive laws
3) public laws
4) private laws

Question 2

What is the purpose of procedural laws?

Answer 2

they prescribe the framework in which other laws are made and enforced

Question 3

What is an example of procedural laws?

Answer 3

rules of evidence such as the Police and Criminal Evidence Act, 1984, which provides a procedure to be followed by police to make a lawful arrest

Question 4

What is the purpose of substantive law?

Answer 4

They create and define legal rights and obligations

Question 5

What is an example of a substantive law?

Answer 5

criminal laws such as theft and other laws such as employment rights or laws relating to divorce

Question 6

What is the purpose of public laws?

Answer 6

They govern the relationship between the state and its citizens

Question 7

What is an example of public laws?

Answer 7

Criminal laws and most procedural laws as they define the powers of Parliament, government and other key institutions of the state such as the police and courts

Question 8

What is the purpose of private laws?

Answer 8

they create rights enforceable between individuals

Question 9

What is an example of private laws?

Answer 9

an example is the law of tress-pass which allows you to restrict areas to your property

Question 10

What is criminal law?

Answer 10

criminal law sets out the type of behaviour which are forbidden at risk of punishment

Question 11

What is civil law?

Answer 11

civil law is about private disputes between individuals/ or individuals

Question 12

What is the difference of the purpose of the law for both criminal and civil cases?

Answer 12

criminal cases - to maintain law and order
- to protect society
civil cases - to uphold the rights of individuals

Question 13

What is the difference of the person starting the case for both criminal and civil cases?

Answer 13

criminal case - state through the Crown Prosecution
Service
civil case - the individual whose rights have been affected

Question 14

What is the difference of the legal name for that person for both criminal and civil cases?

Answer 14

criminal case - prosecutor

civil case- claimant

Question 15

What is the difference of the courts hearing cases for both criminal and civil cases?

Answer 15

criminal cases- Magistrates courts
- Crown courts
civil cases - County courts
- High courts

Question 16

What is the difference of the standard of proof for both criminal and civil cases?

Answer 16

criminal- beyond reasonable doubt

civil- the balance of probabilities

Question 17

What is the difference of the person making the decision for both criminal and civil cases?

Answer 17

criminal cases- magistrate in Magistrates courts
- judges and juries in Crown courts
civil cases- judges

Question 18

What is the difference of the decision for both criminal and civil cases?

Answer 18

criminal cases- guilty or not guilty

civil cases- liable or not liable