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english legal system
nature of law
sources of law
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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