sources of law

Cards (13)

  • What are the 3 different sources of law?
    • Custom
    • Common law
    • Statute law
  • What is a custom?
    A rule of behaviour which develops in a community without being deliberately invented.
  • What is is the significance of custom?
    Historically, they are believed to have been very important in that they were effectively the basis of common law.
  • What type of source are customs?
    Historical sources that are unlikely to create new law today.
  • What is common law?
    Unwritten law that developed from customs and judicial decisions.
  • What is the significance of common law?
    It's the basis of our law today.
  • How is the phrase "common-law" used today?
    To distinguish laws that have been developed by judicial decisions from laws that have been created by statute or other legislation.
  • What is an example of common law and why?
    Murder is a common law crime as murder has never been defined in any Act of Parliament.
  • What is an Act of Parliament (statute law)?
    Law that has been passed by both Houses of Parliament and received Royal Assent.
  • How is statute law significant in the modern age?
    Law can be changed by an Act of Parliament or new law can be created. This is useful for new situations or inventions such as computer technology.
  • What is an example of how statute law is useful in the modern age?
    Parliament has created new offences involving computer hacking.
  • What are the 2 main functions of statute law?
    • It can bring together all the existing law in one area in a single Act of Parliament.
    • It can create, change, or revoke any law.
  • What is an example of when statute law has brought together all existing law in one area?
    Consumer Rights Act 2015