Nature and Function of Laws

What is the law?

The binding rule of conduct enforced by a controlling authority

Who makes the law?

Parliament and courts

Who does the law apply to?

Police and courts to make sure people follow the law

What are the consequences of not following the law?

Legal penalties (fines, court, criminal charges)

What are rules?

Explicit or understood regulations or principles governing conduct or procedure within a particular area of activity

Who makes rules?

Groups and their leaders

Who do rules apply to?

Group leaders to make sure members of the group follow the rules

What are the consequences of not following the rules?

Consequences for people in the group not following the rule

What are the four reasons for laws?

1. Establish boundaries of acceptable and unacceptable behaviour

2. Freedom to act by telling society what people can do

3. Protection from the actions of others and individual behaviour

4. Resolve disputes in order to stop people taking the law into their own hands

What is a dictatorship?

Tyrannical regime where a single person has absolute authority to rule the state and individual rights are severely restricted

What is a democracy?

All people have equal rights and privileges

What is an anarchy?

No laws or the laws are no longer being enforced

What are the three main types of government?

1. Dictatorship

2. Democracy

3. Anarchy

What are three overarching concepts of the Rule of Law?

• No one is above the law

• The law is applied equally and fairly, no matter how important or powerful an individual is

• All individuals are presumed innocent until proven guilty

What is the significance of the Rule of Law Pyramid?

It protects human rights and public safety by promoting an orderly society. This means that governments and citizens are bound by the law, ensuring no one is above the law

What is the significance of the Rule of Law Inverse Pyramid?

It highlights the importance of the rule of law by looking at what happens when it is absent

What is private law?

Laws that are part of the civil legal system and relate to the relationship between individuals

What is public law?

Laws that apply to everyone and relate to the relationship between the individual, the state and the operation of the government

What are the three primary types of civil law?

• Contract law

• Tort law

• Property law

What is contract law?

Contract law is when parties are required to act fairly and in good faith when entering contracts

What is tort law?

The law of torts, or civil wrongs, involves the actions of one person inconveniencing another person or breaching their rights

What is property law?

Property law is anything that can be bought or sold which can be considered property, for example, houses and goods

What is a type of tort law?

Negligence

What is duty of care?

A moral or legal obligation to ensure the safety or wellbeing of others or their property

True or False: If negligence is shown, that becomes duty of care and that counts as contract law.

False, if duty of care is not shown, that becomes negligence and that counts as tort law

Summarise the case of Donoghue v Stevenson (1932).

In the landmark 1932 case Donoghue v Stevenson, Mrs. Donoghue fell ill after finding a decomposed snail in her opaque bottle of ginger beer. The House of Lords ruled in her favour, establishing the modern law of negligence and the legal "neighbour principle"—the rule that you must take reasonable care to avoid acts that could foreseeably harm others, even without a direct contract.

What are the three types of public law?

• Constitutional law

• Administrative law

• Criminal law

What is constitutional law?

It defines the fundamental structure of the government, the powers of its branches and the basic rights and freedoms of citizens

What is administrative law?

It regulates the operations, procedures and decision making powers of government agencies and departments