Theme c Flashcards
what is The role of the Law
- the idea of everyone following the law is called the rule of law key roles of the law
- set out acceptable actions
- to keep order in society and provide a common understanding of what would happen if you break the law
- Ensure fairness-no one should be punished for something they did not do
what is the law made to do?
- punish- if committing a crime then a consequence will be served
- to deter- the thought of punishment will put of people and will hesitate to break a law
How does the law effect our daily lives?
the law controls
- what we can buy
- what we consume
- where we live
- how we can be educated
How can the law affect our daily lives in the UK?
examples in the UK of how the law affects our daily lives
- have to be in school until 18
- must do maths and English until 16
- alcolole cigeretes and epens until 18
- must have a tenant if renting
- can only a limited amount of hours if under 18
How does the law settle disputes within society?
the law is also there to settle disputes within society. this also links to civil law such as:
- family custody and marriage, business contracts,
- land boundaries,
- consumer protection( items brought from suppliers) protected under the Consumer Rights Act 2015
How does the law protects the public?
- all citizens should be protected from danger and harm such as manslaughter murder injury homicide burglary
- health and safety protection should be provided in schools, workplaces, and homes
How is the law responding to new situations?
- terrorism=where groups such as ISIS have emerged and the law has to be flexible to deal with it
- science discoveries boundaries with scientific discoveries eg: human fertilization and Embryonic Act 1991 prevents embryos from being used after 14 days. it’s unethical
- new technology in social media where privacy is needed
What are the Ages of responsibility including driving, marriage, voting, working, armed forces, navy?
- Drive -17 able to get a provisional license to learn
- marriage non-consent 18- avoids being pressured or abused into getting married and avoiding being taken advantage of
- voting- 18-responsible enough to vote in general elections
- working - part-time 13-16 full-time 18- avoids young people being exploited into working many hours affecting their health and education in a negative way
- Army forces- consent 16 nonconsent 18- need to be mature and their career path might change
- navy- 16 - responsible enough for age related role
What are Debates about legal age limits?
- some may argue that 16-year-olds are responsible enough to vote in elections because they can work, pay tax and join the navy
- on the other hand, some may argue that 16 yr olds lack maturity and are unexperienced or may be influenced
What is the ages of responsibility in wales and england?
- under 10 = cant be arrested for crimes
- 10-17 = can go to youth court
- 18=prison and adult court
What age can you go to youth court in scotland?
8
What is the principle of the law?
- the fundamental principle of the law is to ensure that all citizen’s rights and freedom are protected through the rule of law
what are the basic rights of citizens in the uk?
- right to life
- right of freedom of expression
- right to a free trial
What is the Rule of Law?
- everyone should be accountable for their actions
- protection of citizens from harm and danger
- Everyone should follow the law
What is the magna carta?
the first document to put into writing the principle that the king and his government was not above the law
each citizen in a democracy has the right to in the court :
- be respected
- prepare for a defense
- appeal to the highest court
- have impartial juries and judges at their hearing
What is common law?
common law which are laws signed by judges or verdicts in the past in which have similar cases, the ruling is set as a precedent for other judges to follow
What is the relationship between England and Wales in terms of jurisdiction, and how does the Welsh legal system interact with the shared jurisdiction?
- England and Wales share the same jurisdiction
- they share common law which are laws signed by judges or verdicts in the past in which have similar cases, the ruling is set as a precedent for other judges to follow
- wales can still amend or change the law to suit the country but still follow the same jurisdiction
- welsh assembly- 60 members. 40 voted by first past the post
What is the scotish juristiction?
- they have the same employment law as the uk
- they have different criminal and civil law
- criminal law verdicts are not guilty not proven and guilty
- the Scottish Supreme court is their highest court
- roman law
What is the Northern ireland juristiction?
- has its own assembly
- has some common laws that have been passed through the UK parliament (when they were with them)
- it also has some common laws passed by Ireland’s parliament
- UK laws do not apply to NI due to the country’s historical and religious background. The abortion act 1967 does not apply to them
What are the sources for the law in the UK?
common law-
- laws that have been made by judges and verdicts that have been made#if a judge rules on a case, that becomes precedent for other judges in the future to follow
legislation
- creating laws within parliament
- A private member bill(a backbench MP) can propose a new law
- rarely do they succeed as they are always debates with the government about it
Eu
- laws set by the EU must be followed
- any of the 26 members including the UK can’t create laws that contradict the EU laws
Why does the UK have criminal law?
- criminal law maintains order and protects society as a whole
- it also protects harm against to property and people.