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Questions and Answers
What are laws classified into? (Select all that apply)
What are laws classified into? (Select all that apply)
What types of law are enacted by legislative bodies?
What types of law are enacted by legislative bodies?
Statutes
What is the distinction between public and private law?
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?
What are criminal law and civil law concerning?
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What is the purpose of criminal law?
What is the purpose of criminal law?
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Who prosecutes a defendant in criminal law?
Who prosecutes a defendant in criminal law?
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Where are criminal cases heard?
Where are criminal cases heard?
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What is the standard of proof required in criminal law?
What is the standard of proof required in criminal law?
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What is a possible outcome for a defendant in civil law?
What is a possible outcome for a defendant in civil law?
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What are the sanctions possible under criminal law?
What are the sanctions possible under criminal law?
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What examples are provided for criminal law?
What examples are provided for criminal law?
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What is the principle behind common law?
What is the principle behind common law?
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What is 'Actus Reus'?
What is 'Actus Reus'?
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What does 'Mens Rea' mean?
What does 'Mens Rea' mean?
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When does equity prevail?
When does equity prevail?
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What are the two most common areas of civil liability?
What are the two most common areas of civil liability?
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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.
