Nature of Law

• What is a law?

  Legal rules and regulations enforceable by the state that we obey because we have to
• What are rules?

  Rules not enforceable by the state and we follow because we choose to
• What are the four categories of legal rules and regulations?

  Procedural, substantive, public, private
• Procedural laws: Prescribe the framework in which other laws are made and enforced
• Procedural laws: Prescribe the framework in which other laws are made and enforced
• Substantive laws: Create and define legal rights and obligations
• Substantive laws: Create and define legal rights and obligations
• Public laws: Governs the relationship between the state and its citizens
• Public laws: Governs the relationship between the state and its citizens
• Private laws: Create rights enforceable between individuals
• Private laws: Create rights enforceable between individuals
• What is the purpose of criminal law?

  To maintain law and order; to protect society
• Who starts a criminal case?

  Usually the state through the Crown Prosecution Service
• Prosecutor: The person or organisation bringing a criminal charge against a defendant
• What courts hear criminal cases?

  Magistrates' Court, Crown Court
• What is the standard of proof in a criminal case?

  Beyond reasonable doubt
• What decisions can be reached in a criminal case?

  Guilty or not guilty
• What is civil law?

  Civil laws create rights enforceable between private individuals meaning that they are not enforceable by the state. Civil laws do not aim to punish but to compensate those whose rights have been violated. Civil laws fit into substantive law
• What is the purpose of civil law?

  To uphold the rights of individuals
• Who starts a civil case?

  The individual whose rights have been affected
• What courts hear civil cases?

  County Court, High Court
• What is the standard of proof in a civil case?

  Balance of probabilities
• What decisions can be reached in a civil case?

  Liable or not liable
• What are the four sources of law?

  Custom, Statute, Common, Devolved bodies
• What is custom law?

  Rules that come about through custom or practice that involve the disapproval of the community rather than punishment. These rules may 'harden into rights' and become the law
• What is statute law?

  Laws passed in Acts of Parliament
• What is common law?

  Laws that have been developed by judicial decisions. This means it has never been defined in an Act of Parliament but instead developed from ancient custom and is still developing through the decisions of judges
• What are devolved bodies?

  Bodies the UK Government has delegated some of its law-making power to
• What are some examples of devolved bodies?

  the European Union, the Scottish Parliament, the Welsh Government, the Northern Ireland Assembly, Local councils
• What are private laws mostly?

  Substantive
• Which laws are mostly substantive?

  Private
• What do criminal laws do?

  Create criminal offences and punish those who commit them
• Who do criminal laws attract the attention of?

  Criminal Justice Service
• Who prosecutes the defendant in criminal law?

  The Crown
• Why does The Crown prosecute the defendant in criminal law?

  They've offended against the state
• What areas of law does criminal law fit into?

  Substantive and public
• What is an example of statute law?

  Human Rights Act 1998
• What source of law is the Human Rights Act 1998 an example of?

  Statute
• What is an example of common law?

  Murder
• What source of law is murder an example of?

  Common