Law Classification Quiz & Flashcards

Questions and Answers

What are laws classified into? (Select all that apply)

Public and Private law

Civil and Criminal law

Common law and Equity

All of the above (correct)

What types of law are enacted by legislative bodies?

Statutes

What is the distinction between public and private law?

Public law is the relationship between the state and its citizens, while private law concerns the rights and duties of individuals towards each other.

What are criminal law and civil law concerning?

Criminal law addresses offences against the state, while civil law deals with disputes between private individuals. Signup and view all the answers

What is the purpose of criminal law?

To maintain order in the community by punishing offenders and deterring others. Signup and view all the answers

Who prosecutes a defendant in criminal law?

A prosecutor. Signup and view all the answers

Where are criminal cases heard?

In criminal courts, such as magistrates' court or Crown court. Signup and view all the answers

What is the standard of proof required in criminal law?

Beyond a reasonable doubt. Signup and view all the answers

What is a possible outcome for a defendant in civil law?

Found liable or not liable. Signup and view all the answers

What are the sanctions possible under criminal law?

Imprisonment, fines, community orders. Signup and view all the answers

What examples are provided for criminal law?

Murder, theft, driving with excess alcohol. Signup and view all the answers

What is the principle behind common law?

Developed by judges applying the principle of 'stare decisis'. Signup and view all the answers

What is 'Actus Reus'?

Action or conduct which is a constituent element of a crime. Signup and view all the answers

What does 'Mens Rea' mean?

The intention or knowledge of wrongdoing that constitutes part of a crime. Signup and view all the answers

When does equity prevail?

Where common law and equity conflict, equity should prevail. Signup and view all the answers

What are the two most common areas of civil liability?

Contractual liability and tortious liability. Signup and view all the answers

Study Notes

Classification of Law

Law is classified into public law and private law, as well as criminal law and civil law.
Additional classifications include common law and equity, and statutory law enacted by legislative bodies.

Types of Laws

Statutes: Created by legislative bodies.
Common Law: Developed through judicial decisions.
Public Law: Governs relationships between the state and its citizens.
Private Law: Involves rights and duties between individuals.
Constitutional Law: Based on national constitutions.
Administrative Law: Includes decisions from administrative agencies.
Civil Law: Addresses wrongs to individuals.
Criminal Law: Concerns offenses against society.
Procedural Law: Outlines enforcement methods for legal rights and duties.
Substantive Law: Defines actual legal rights and obligations.
Business/Commercial Law: Regulates business transactions.

Public vs. Private Law

Public Law: Includes constitutional, administrative, and criminal laws.
Private Law: Covers contract, tort, property, trusts, and family laws.

Concerns of Law

Criminal Law: Addresses offenses against the state.
Civil Law: Involves disputes between private individuals.

Purpose of Legal Actions

Criminal Law: Aims to maintain community order and deter offenses.
Civil Law: Seeks to remedy wrongs experienced by individuals.

Parties Involved in Legal Actions

Criminal Law: Prosecutor represents the Crown, prosecuting a defendant (e.g., R v Smith).
Civil Law: Claimant sues a defendant (e.g., Jones v Patel).

Jurisdictions

Criminal Law: Heard in criminal courts like magistrates' or crown court.
Civil Law: Heard in civil courts such as county or high court.

Standards of Proof

Criminal Law: Requires proof beyond a reasonable doubt.
Civil Law: Requires establishing cases on the balance of probabilities.

Legal Decisions

Criminal Law: A defendant can be convicted or acquitted.
Civil Law: A defendant can be found liable or not liable.

Legal Sanctions

Criminal Law: May include imprisonment, fines, or community orders.
Civil Law: Can result in damages, injunctions, or specific performance.

Examples of Legal Categories

Criminal Law: Includes offenses like murder, theft, and dangerous driving.
Civil Law: Encompasses areas like contracts, torts, and trusts.

Common Law and Equity

Common Law: Evolved from customary laws, applies the principle of 'stare decisis.'
Equity: Developed to address rigidities in common law, originally handled by chancellors resolving grievances.

Differences Between Common Law and Equity

Common Law: A complete legal system, does not acknowledge equity.
Equity: Complements common law, prioritizing fairness and discretion.
Legal Remedies: Common law provides remedies as of right, whereas equity offers discretionary remedies.

Legal Liability Principles

Criminal Liability: Offense against the state requiring actus reus (guilty act) and mens rea (guilty mind).
Civil Liability: Seeks redress for wrongful acts, often through compensation.

Key Legal Concepts

Actus Reus: The physical act involved in committing a crime.
Mens Rea: The mental state or intent behind committing a crime.

Equity's Prevalence

Where common law and equity conflict, equity prevails. Judges can utilize both for decision-making.

Common Areas of Civil Liability

Contractual Liability: Arises from enforceable agreements between parties.
Tortious Liability: Centers on breaches of legal duties, compensating victims through damages or preventing harm via injunctions.

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Description

This quiz covers the various classifications of law, including public law, private law, criminal law, and civil law, among others. You will explore the differences between statutory law and common law, as well as the functions of various legal systems. Test your understanding of how these laws govern society and individual relationships.

Law Classification and Types