National Year 12 Law
Chapters: 2
1. 3.1 The nature of law and the English legal system
Nature of law · Law making · The legal system
- What Is Law? The Basics – Law is a set of general, binding rules made or recognised by the state and enforced by courts. It overlaps with morality but is not the same. Its sources are the constitution, treaties, statutes, regulations, case law and custom, arranged in a hierarchy. Natural persons and legal persons (like companies) hold rights and duties. Everyday law includes contracts, consumer protection and access to courts.
- Sources of Law: Where Our Rules Come From – A source of law is where a legal rule comes from and gets its force. The main sources today are legislation (Acts made by parliament after a bill passes through set stages), delegated or secondary legislation (regulations and by-laws made under the power of a parent Act), and judicial precedent (earlier decisions of higher courts that bind lower courts). Other sources are custom, religious norms (in some areas and countries), normative contracts such as collective agreements, international treaties and, as a guide, legal writings. Judges use rules of statutory interpretation to apply Acts. Civil-law countries rely mostly on written codes; common-law countries, like India and the UK, give precedent a big role.
- The Justice System: How Disputes and Crimes Are Settled – A justice system is the set of rules, people and courts a society uses to settle disputes fairly and deal with crimes. Many disputes end without court through negotiation, mediation or arbitration (ADR). Civil cases are between parties and end in compensation; criminal cases are brought by the state and can end in punishment. In a trial each side brings evidence; the claimant must prove a civil case on the balance of probabilities, and the prosecution must prove a crime beyond reasonable doubt. A losing party can appeal to a higher court. Judges must be independent. Young people are judged in special youth courts that focus on protection and education.
2. 3.2 Criminal law
Rules and theory of criminal law · Fatal offences against the person · Non-fatal offences against the person · Property offences · Attempts · Defences
- Criminal Law: Crimes, Offences and Defences – Criminal law lists acts the state treats as crimes and sets punishments. Most crimes need two parts: a guilty act (actus reus) and a guilty mind (mens rea). Offences can be against the person (fatal, like murder and manslaughter; non-fatal, like assault) or against property (like theft, robbery, fraud, criminal damage). Trying to commit a crime is itself an offence (attempt). Defences such as self-defence, insanity, duress or being under the age of criminal responsibility can remove or reduce guilt. The accused is presumed innocent; the prosecution must prove guilt beyond reasonable doubt in a fair trial.