AQA AS LAW CHAPTER 1

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AQA AS LAW

Chapter 1 The nature of law

Learning Objective: To understand the distinction between legal rules and other rules or norms of behaviour.

To understand the differences between criminal and civil law.

To have a basic understanding of the sources of law.

1.3 Criminal and civil law

1.3.1 Criminal Law

Criminal law sets out the types of behaviour which are forbidden at risk of punishment. It concerns offences which are damaging to individuals and society.

The purpose of criminal law is to punish the people who do wrong and to consider the safety of the public above all.

Examples of punishments: imprisonment, community service and fines.

Criminal cases will then be bought to court by a state agency, usually the crown prosecution service (CPS).

The victim of crime might now receive compensation but where the appropriate court may force the offender to pay compensation.

E.g. Murder, Rape, Burglary, Carrying a gun, Theft, Vandalism

1.3 Criminal and civil law

1.3.2 Civil law

The civil law concerns everyday private disputes between individuals or businesses and often about rights. The main types of civil law concern the law of tort, contract law, human rights, family law, employment law and company law.

Civil law compensates those who have lost out through money, called damages by enabling them to seek an injunction.

E.g. Divorce, Adoption, Unpaid bills, Unpaid loans.

Law of tort

A tort occurs when there is no contract between two people but one person owes a legal responsibility of some kind to another person.

E.g.A child passenger in a car is injured in a collision. (the tort of negligence)

A family complains that their health is being affected by dust from a factory. (the tort of a nuisance)

A man complains that a newspaper has written an article about him which is untrue and it has damaged his reputation. (tort of defamation)

Law of contract

When an agreement has been made between two different parties and the agreement is broken. If one of the parties has not kept up to the contract then the other can bring a claim against them.

E.g. A family complains that a package holiday was not as described.

A woman bought a brand new car and the engine is faulty.

Human rights

Human rights will always be upheld in English courts. There is also the right to take the case to the European Court of human rights. Compensation can be awarded when there is a breach of human rights.

1.3 Criminal and civil law

1.3.3 Differences between criminal and civil law

Purpose of law

Criminal law is aimed at maintaining law and order and to protect society whereas civil law upholds the rights of individuals.

The person starting the case

Criminal cases are started on behalf of the state whereas civil cases are started on behalf of the individual who has suffered as a result of the breach of the law.

Courts

Criminal cases are held in the Magistrates or Crown court whereas civil cases are held in the County or High court.

Standard of proof

In criminal cases, the standard of proof has to be "beyond a reasonable doubt," this is a very high standard of proof and it has to be as the conviction could result in the defendant having to serve a long prison sentence. Civil cases have to be proved "on the basis of probabilities", this is a much lower standard of proof, where the judge decides who is most likely to be right.

outcome of case

In criminal law, a defendant of the case is found guilty or not guilty and anyone who is found to be guilty will be punished by the courts. At the end of civil cases, a defendant is found liable or not liable. Anyone who is found liable will be ordered to put right the matter as far as possible. This is usually done by paying damages or money as compensation.

1.4 Sources of Law

1.4.1 Custom

A custom is a rule or behaviour which develops over time in a community without being deliberately invented.

1.4.2 Common law

Common law is the basis of our law today: it is the unwritten law that has developed from customs and judicial decisions. Common law is the law that has been developed by judges and is important today.

1.4.3 Statute law / Act of Parliament

Statute laws are major laws that have been created by parliament. They start off as a bill which passes through both houses of parliament and receives Royal assent.

It can be changed by another Act of Parliament or a new law can be created. This is important for new inventions like computer technology which has bought computer hacking, It can also bring together all existing laws to make it easier to navigate.

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