LAW Common lawstatute lawcivil lawcriminal law
Rule or law? • How would you distinguish between a rule or law? • A rule is made by an individual, organisation or business and is enforced by that person(s) who made the rule. The consequence or punishment is less severe than breaking the law. • A law is made by parliament and it is enforced by the courts and police. The punishment is by fine or even a jail term.
Rules LAWs • legal variation of rules • enforced by the courts and police • made by the govt • must go through certain processes to become laws, including a voting process • Laws carry stiff penalties including imprisonment • set by an individual, group, organisation or business • more flexible, and have lighter consequences when broken • set during childhood to prepare for living in accordance with laws
Common law Is judge-made law; or case law
Statute law Is legislation; laws are made by parliament
Civil law Laws that are applied to disputes between private individuals. Types of civil law: • Contract law: a contract is a legally binding agreement that is enforceable in a court of law. • Family law: provides protection and care for children and families. eg. Birth, death, marriage, wills • Torts: are civil wrongs. The Law of Tort protects us against someone doing something wrong or not taking reasonable careto prevent us from injury. Compensation is awarded in ‘damages.’
The Law of Tort • A person can claim damages from another person where that other person owed the first person a ’duty of care’ and harmed that person through their conduct in breach of that duty. Negligence Defamation
Criminal law • Protects people • Protects property • Protects public standards • Protects the nation & the legal system • Traffic law