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cambridge law interview (someone else)
Terms in this set (42)
What is international law
Concerned with disputes between nations, most of these laws come from treaties that ha been agreed by the governments of the countries
What is national law
the law that applies within a country- each country has its own national law and there often wide differences. e.g. Scotland has its own law and legal system that is often separate from that of engand and wales e.g. wwhile serious criminal cases are tried by jury in both systems- scottish jury has 15 jury (england and wales has 12) and the decsion can be made by a simple majority of 8-7. in contrast, at least 10 ememebrs must agree on a decision in england and wales jury
What two laws are within national law?
public and private law
What is public law
-involves the state or gov
3 main types: consitutional law, adminstrative law and criminal law
What is private law
concerned with disputes ebtween private indivduals or business.
What is consitutional law?
- controls the methods of gov and any disoutes which arise over such matters as who is entitled to vote, he is allowed to become a MP or wether an election was carried out correctly
What is adminstrative law?
-controls how ministers of state or other public bodies such as local councils should operate. an importnt part of this is the right to judicical review of certain decision
What is criminal law?
-types of behaviour which are forbidden at risk of punishment.
a person that commits a crime is said to have offended against the state thus the state has the RIGHT to prosecute them- this is even when there is an indivudal victim of the crime in which case the victim can bring a private prosecition if the state doesnt take proceedings. but if there is a private prosecution the state the state still has a a right to prosecute.
What happens in criminal cases when defedent is found guilty
efendent is found guilty, the court will punish the defendent for the offence because they have broken the criminal law set down by the state. victim not neccsarily given any compensation since the case isnt viewed as a dispute between the prepertator and victim but criminal courts do have the power to order offenders pay the victim compensation and can make that an order as well as punsihing offender
What is private law also known as?
What are the main branches of civil law?
- contract law
-law of succession
Examples/ what is law of contract?
- Buying a dress and not getting the right one/ cheaper than what was displayed
-women buying a car and discovers enginge is faulty
-using paypal pay-back plan to pay for a new phone and failing to pay it back
Examples of tort law/ what is it
- stevenson v donoghue
- family comlains heath s affected by sound and air pollution caused by a factory near home
-women nured de to faulty machinery
-defamation- rebel wilson
Tort happens when eventhough there is not formal contrat ebtween them one person owes a legal responsbility of some kind to the anotehr and there has been a breach of that responsibilirt. many cases arise rom road traffc crashes since drivers owe a duty of care to others
What is family law?
covers matters on whether marriage is valid, rules for divorce and who should have priamry carer in terms of children etc.
What is the law of succession?
concerned with regulating who inherits proeprty when a person dies without making a will and also wha rules are for making a valid willl
What is company law?
v. important cin business. regulates how company formed, sets out formal rules for running of comapnes and deals with rights and duties of shareholders and directors.
What is employment law?
It covers all aspects of employment from original formation of a contract to situations of unfair dismissal.
What other civil laws are there?
- land law, IP law and marine law etc.
how is civil law different from criminal law?
-criminal law is part of public law whereas civil is private. criminal law is seen as public since crime is regarded as an action against the state and society as a whole. civil law is called private law as it deals with issues between 2 individuals. the two types of law have different aims and are dealt in different courts
where are criminal cases taken
crown court, magistrates
where are civil cases taken
high court, country court . key to note in civil cases people hope to receive as a result of their claim compensation normally money
In a civil case what is the person starting the case called/ also for a criminal case
In a civil case known as a claimant or plaintiff
in criminal cases referred to as the prosecutor
What is the terminology used in a criminal case/ civil case
in a criminal case, the person is guilty or not guilty.
in a civil case the person is liable or not liable. in civil cases the person found liable will have to put mater right ASAP. in criminal the person is punished
How do the standard of proof differ in criminal / civil case
in criminal the evidence needs to be proved 'beyond reasonable doubt' - since the guilty person faced w/lengthy sentence.
in civil the evidence needs to be proed 'on the balance of probabilities a lower standard.
What does the difference in standards of evidence mean
Thus difference in standard meas a defendant in a criminal case could be acquitted but the same evidence in a civil the defendant could be successful.
but not really common, more common for a civil action to follow a successful criminal case especially in road accident cases e.g. someone proven to pass a red light which is criminal often someone else could do a civil claim that they were harmed as a result of this. easier to prove the civil case if the defendant has already been convicted of a driving offence
What is the purpose of law in civil and criminal case
civil : to uphold the rights of individuals
criminal: to maintain law and order; to protect society
John Austin writing in 19th cent define law as...
a command issued from a superior (the state) to an inferior ( the individual) and enforced by sanctions. however does not apply to regulatory laws- how a will should be made or concern the concept of judicial review where individuals may challenge the command made by a minister of state.
who makes the decision in criminal/ civil cases
in civil cases the person makes the decision is the judge or a panel of judges very rarely do they have a jury
in criminal cases it is the magistrates OR jury
How does sir john salmond define law?
-the body of principles recognised and applied by the state in the administration of justice.
What law also be described as?
a formal mechanism of social control/ is formal as the rules set down in law can be enforced through civil and legal system whilst in a broad sense all law could be said to be involved in some areas of social control
What is unwritten rules within communities
there are things that aren't crimes but they just divert from value consensus so they are disapproved by members of society. such values often connected with religious beliefs, local customs or practices
What is a codified system of law (code of law)
-what is its benefits and limits
a complete code of rules designed to deal with every possible situation that might arise. many civilisation has attempted to make one e.g. napoleonic code in france made by napoleon is still the basis of french law today.
theory may seem attractive as makes aw more accessible so that everyone knows exactly what their rights and duties are; however law needs to be able to change and develop with the needs of society and a fully codified system would prevent such changes
What are 5 factors that make a legal system?
1. rules that either forbade certain conduct or encourage certain conduct on the basis of sanctions
1. rules that require people to compensate those they have harmed
3. rules that state what needs to be done in certain 'mechanical' areas of law e.g. making a contract or making a will
4. system of courts to determine what rules are, whether they have been broken and what is the appropriate sanction
5. body whose responsibility is to make rules and amend or repeal them as necessary
in the english legal system (1) is criminal (2) and (3) is civil, courts deal with factors in (4) and parliament is the legislative (law-making) body (5)
What is law and morality
the moral standards of a community have a profound influence on the development of law. In complex societies, morality and law are never likely to be overlapping. Major breaches of a moral code e.g. murder and robbery will also be against the law but in other matter may not be consensus
Law and religion
ub england and wales, been a move away from religious beliefs and the way the aw has developed reflect this abortion was legalised in 1967 but many opposers due to their seeing it as morally wrong. a limited form of euthanasia has been accepted as legal with the ruling in Airedale and NHS Trust v Bland (1993) where it was ruled medical staff could withdraw life support system from patients who could breathe unaided but were in a persistent vegetative state
the ruling mean t te could withdraw feeding tubes despite fact it would inevitably cause death.
what is the difference between laws and morality?
- morality does not deliberately change it evolves slowly and changes according to will of the people laws can be altered deliberately by legislation: this means behaviour that was against the law can be 'decriminalised' overnight e.g. homsexuality decriminilsed in 1967.. equally behavior that was once lawful can be declared unlawful
-morality s voluntary with consequences but generally carries no official sanction although some religions may excommunicate you. morality relies its effectiveness on individuals sense of shame/ guilt law makes certain behaviour obligatory with legal sanctions to enforce it.
-breaches of morality are not usually subject to formal adjudication, breaches of law will be ruled on by a formal legal system
What is natural law?
natural law is the idea that morality and law should coincide and that there is a divine source for the law kind of like an 'unwritten law'. extremes supporters of natural laws would say legal rules which do not conform with moral laws should be ignored
How do positivist view legal rules
if legal rules have been enacted by the correct procedures, then those legal rules must be obeyed even if they aren't liked and are in conflict with morality
What is the Hart-Devlin debate?
Hart argues there should be a clear separation of law and morality. Morality is a matter of private judgement whereas the legal system should be comprised of logical and objective ideas. but he does allow that society should not exist w/o a form of morality that mirrors and adds to the legal rules
Devlin argues society is required o observe certain moral principles and even if public opinion changes, law should still support moral principles.
R v Brown (1993)
group of men took part in sadomasochistic acts against each other. done in private and all men involved had consented. some injuries caused but the court accepted these were transient and minor. despite all these factors house of lords still ruled behaviour was a assault and couldn't claim the defence of consent to excuse actions. thus HofL were imposing their beliefs in what was acceptable behaviours. house of lords decisions not unanimous as 2/5 judges disagreed.
What is common law?
the basis of law today. its an unwritten law that developed from customs and judicial decisions.
what is statue law
law created by legislation and has been formally written e.g. theft whereas murder is seen as a common law crime.
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