S1U1 Nature and Classification

Law: 'The body of principles recognised and applied by the state in the administration of justice' - Sir John Salmond

Rules: Unwritten rules within communities that come from local customs or religion that enforce societal norms.

Morals: Set standards for how people should/shouldn't behave, often stemming from religious beliefs.

Law vs Morals:

1. Morals cannot be deliberately changed

2. Morality is voluntary with societal consequences but no official sanctions

3. Breaches of morality are not subject to formal judgement.

Civil Law: High or County court

- Person who starts case is the CLAIMANT whose rights have been affected.

- Rulings LIABLE or NOT LIABLE

- Standard of proof is BALANCE OF PROBABILITIES

Criminal Law: Magistrates or Crown Court

- Person who starts case is the PROSECUTOR, usually the state

- Rulings GUILTY or NOT GUILTY

- Standard of proof is BEYOND REASONABLE DOUBT

Public Law:

- Constitutional Law: Controls methods of government

- Administrative Law: Controls how ministers of state/public bodies should operate

- Criminal Law: Sets out behaviours forbidden at risk of punishment

Private Law:

- Civil Law

- Types: contract, tort, family, company, employment, succession

- Tort: One person owes a legal responsibility to another person even if there's no contract between them

International Law:

- Disputes between nations

- Public international law: Treaty relationships between nations

- Private international law: Which nation's laws should apply to disputes between individuals

National Law:

- Law that applies within a country