Nature of law

• differenes between norms of behaviour and law:

  • norms develop over time whereas the law can change instantly
  • norms ought to be obeyed whereas laws must be obeyed
  • norms are enforced through community whereas laws are enforced by the courts
• Criminal law sets out the types of behaviours which are forbidden at risk of punishment. A person who commits a crime has offended against the state so can be prosecuted by the state as well.

  Sometimes an individual can be prosecuted such as the RSPCA prosecuted with cruelty to animals.
• Civil law is about private disputes between individuals or businesses, there are several types such as;

  • tort law
  • contract law
  • human rights
• Differences between criminal and civil law: Purpose of the law

  Criminal law is aimed at maintaining law and order, also to protect society. Whereas civil law upholds the rights of individuals and puts people back in the position they wouldve been in had there not been any breach.
• Differences between criminal and civil law: person starting the case

  Criminal cases are taken on behalf of the state and the CPS is responsible for conducting most cases. Also other agencies such as the Environment agency which prosecutes pollution cases.

  In civil cases the person starting the case is called a claimant whereas in criminal they are a prosecutor.
• Differences between criminal and civil law: courts

  Criminal cases are tried in either Magistrates or Crown Court.

  Civil cases are heard in the High Court or County Court depending on seriousness. Very rare to have a jury in civil cases.
• Differences between criminal and civil law: standard of proof

  Criminal cases must be proved 'beyond reasonable doubt' whereas civil cases are proved 'on balance of probabilities' which is a lower standard of proof.

  Means it is possible for someone to be found guilty in civil law but not in criminal based on same facts.
• Differences between criminal and civil law: outcome of the case

  a defedant in a criminal case if found guilty or not guilty and in civil it is liable or not liable.
• Sources of law: Custom

  A custom is rule of behaviour which develops in a community without being deliberately invented.

  It is historical and unlikely to create new law today.
• Sources of law: Common law

  An unwritten law developed from customs and judicial decisions. Never defined in an act of parliament.
• Sources of law: Statute law

  An act o Parliament is a law that has been passed by both Houses of Parliament and received Royal Assent.

  Consumer Rights Act 2015- bring together all existing laws in one single act of parliament.

  Often rely on the common law.