Chapter 1: The Nature of law
1.1 The Character of a Rule
1.2 Legal rules
1.3 Criminal and Civil Law
1.4 sources of Law
Rules often develop from the "norms of behaviour". these have come from a particular society over a long amount of time.
Rules of Morality
Rule - a general norm, mandating or guiding conduct.
a rule is something that determines the way in which we behave.
we can either submit to it voluntarily or because it is enforceable in some way
moral rules
case with the law
rules that have come about through custom or practise will involve the disapproval of the community.
obeyed for three reasons
- Because the person carries with them a sense of moral obligation
- because the rule is relevant and reasonable
- because a penalty may be imposed if the rule is broken
there is a system of the courts which apply and enforce the law.
set of rules made and imposed by the state
Differences between norms of behaviour and law
norms of behaviour
develop over time
ought to be obeyed
are enforced by disapproval by society
are voluntarily and apply only to those that accept them
law
can change instantly
must be obeyed
are enforced by the courts
are obligatory and apply to everyone
1.3.1 Criminal Law
sets out the types of behaviour which are forbidden at risk of punishment
a person who commits crime is said to have offended against the state, so the state has right to prosecute them.
1.3.2 Civil Law
private disputes
Law of Tort
Contract Law
Human Rights
examples
A passenger in a car is injured in a collision
The Tort of Negligence
A family complains that their health is being affected by the noise and dust from a factory that is built near their house
The Tort of Nusiance
A woman is injured by faulty machinery at work
The Tort of Negligence
A man complains that a newspaper has written an untrue article about him which has affected his reputation
The Tort of Defamation
Even though there is no contract between the people there has been a breach of responsibility to another person.
Could file an injunction
Examples
A family complains that their package holiday dad not match what was promised by the tour operator and were out into a lower grade hotel than the one they had paid for.
A woman has bought a new car but found that the engine is faulty
a contract is where the arties have made an agreement and each side has put something into the agreement
if one party in the contract has not kept their side of the bargain then the other party can bring a claim against them
Examples
A man is arrested and held in a police station for longer than the law allows.
At the trail of a woman in the crown court, one of the jurors is a police officer. This officer has worked with the police who gives important evidence in the case.
The 8 yr old child of a well known author is photographed by a journalist as he goes to school. the journalist does not have permission to take that Childs photo. The photo is then published in a newspaper.
breach in article 5 of the European convention on human rights - the right to liberty
breach of article 6(1) - the right to a fair trial
breach of article 8 - the right to respect for private life
1.3.3 Difference between criminal and civil law
Purpose of law
Person starting the case
Criminal
Civil
Maintain law and order; to protect society
To uphold the rights of individuals
Criminal
Civil
Usually the state thought the crown prosecution service
The individual whose rights have been affected
Courts hearing the case
Prosecutor
Claimant
Criminal
Civil
Magistrates' Court
Crown Court
County Court
High Court
Standard of proof
Criminal
Civil
Beyond reasonable doubt
The balance of probabilities
Person making the decision
Criminal
Civil
Magistrates in the Magistrates Court
A Judge and jury in Crown Court
Judge very rarely the jury
Decision
Criminal
Civil
Guilty (convicted)
Not guilty (acquitted)
Liable
not liable
Powers of the court
Criminal
Civil
Prison
Community order
Fine
Driving ban
Usually an award of damages (compensation)
Injunction
Specific performance of a contract
1.4.1 Custom
A rule of behaviour which develops in a community without being invented
1.4.2 Common Law
Is the basis of our law today; it is unwritten law that developed from customs and judicial decisions.
this means that murder has never been written in an act of parliament however theft has been defined.
in tort law most of the law is on negligence which has been developed by judges .
judges can only make new law when a new case comes before them, they cant make massive changes to the law this can only be done by statute law.
1.4.3 Statute Law
Law can be changed by an act of parliament or a new law can be created.
this is useful for new situations such as new technology.
Statute law can bring together all the existing law in one area of a single act of parliament.