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10 Cards in this Set
- Front
- Back
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How can the law be defined?
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A set of STATE enforceable rules (directly or indirectly reflecting moral rules) that GOVERN how we treat each other, how the state treats us and how we MUST treat the state.
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What is PRIVATE law?
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This is the relationship between individuals and between individuals and corporate bodies.
INCLUDES: ~ Law of Contract ~ Law of Torts ~ Law of Property |
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What is PUBLIC law?
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This is the relationship between the government and local authorities and us as individuals.
This area generally falls within administrative and constitutional law. The law can then be divided into CRIMINAL and CIVIL law. |
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Define CRIMINAL law
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Activities thought to be detrimental to the state or society as a whole. It is punishable by the state. Covers everything from road traffic accidents to murder.
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Define CIVIL law
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This covers activities between individuals and organisations which are NOT criminal.
It includes both PRIVATE AND PUBLIC LAW. (The judiciall system in England and Wales reflects the division between criminal and civil law) |
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What is Common Law?
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All law that has not been enacted by Parliament - common law arose from local customs.
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What is Equity?
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Equity arose due to the defects in common law and in addition to DAMAGES can award:
~ A Specific Performance ~ An Injunction |
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What are the six sources of LAW?
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1. Custom
2. Judicial Precedent 3. Books of Authority 4. The Law Commission 5. Legislation 6. The European Union |
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What is the process of legislation?
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It starts off as a bill laid before the House Of Commons (HOC). It is debated in Parliament and the Parlimentary Committies and will also pass through the House of Lords (HOL).
On its passage through the HOC and HOL changes may occur until there are sufficent MP's in support to enable the bill to be passed. Once passed it will recieve Royal Assent and becomes an Act of Parliament. |
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What are the three main types of delegated legislation?
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ORDERS IN COUNCIL
Normally used in National Emergencies and afford quick legislation by Privy Council (senior politicians) MINISTERIAL ORDERS OR STATUTORY INSTRUMENTS Used to 'flesh out' the legislation. Must be publised so MP's can read them, after any obligations have been satisfied they will become law. Statutory instruments are publised with a number (207 - Furniture and Furnishings Fire Safety...) BY-LAWS Passed by local authorites using the powers given to them by Parliament. Concerning areas of Local Authority. Confirmation is required before they become effective. |
