click below
click below
Normal Size Small Size show me how
nature and ruleoflaw
| Question | Answer |
|---|---|
| what is a law | an enforcable rule or principle |
| Civil law | -a dispute between 2 parties -cas brought by civilians -aim:to put ribght a matter/conpensate any victims/reach mutual agreement for future -defendand found liable or not liable -standard of proof:on balance of probability |
| criminal law | -wrong punished by state -case brought by prosecution, usually the crown (Rv Woolin) aim: to punish wrongdoer -defendent found guilty (convicted) or not guilty (acquited) -standard of proof: beyond reasonable doubt |
| judicial precedents | decision which has to be followed when a case has similar facts |
| statutes | created by partiament, written |
| common law | -non- written laws -developed over time |
| EU | (no longer a=matter after brexit) -any laws created by EU we had to fit our laws with them on certain matters |
| rule of law | 1. democracy- safeguards against dictatorship 2.equality- applied ewually and all people are subject to and accountable to the law 3.fairness- law must be fairly applied and enforced |
| key principles of law | 1. no sanctiins- no one shall be sanctioned except in accordance of the law 2. equality- must be equality before law 3. fairness- must be fairness and clarity in law |
| procedural | rules you have to abide by before and af |