The sources and institutions of law - wk 2
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27 Terms
What is a law
a system of rules/principles which regulate behaviour within a society
What are laws usually backed up by
some method of enforcement
What do legislatures do
make laws
What do governments do
enforce law
What do courts do
interpret law
What is a jurisdiction
the area that an institution has power over, geographically or theoretically
What do UK institutions have jurisdiction over
all of the UK and England & Wales
What do Scottish institutions have jurisdiction over
Scotland only
What type of legislation do legislatures create
primary legislation
What is hierarchically the highest kind of law in the UK/Scottish legal systems
primary legislation
Which kind of law trumps over all kinds of law
primary legislation
What is the UK legislature called
United Kingdom Parliament
What is primary legislation referred to as in the UK Parliament
an Act of Parliament
Where can laws passed in the UK parliament apply to
whole UK, only the countries, Scotland (even own devolved matters)
What is primary legislation called in the Scottish parliament
an Act of the Scottish parliament
What are the 2 main jobs of the government
applying the law, creating secondary legislation
What are the 4 main jobs of the judiciary
interpret law, make law via judicial precedent, resolve disputes, apply the law
Where does secondary legislation come from
governments
Where does judicial precedent come from
courts
What is the importance of major sources of law
where the majority of laws are to be found
What is the importance of minor sources of law
rarely applicable and usually have more historical context
What are 3 examples of major sources of law
Primary legislation, secondary legislation, judicial precedent
What are institutional writers
Early academics/lawyers who wrote about what they thought the law in scotland was
What is custom
Continuous practice by a group that can be entrenched as law
What is public law
law that regulates the interactions of private individuals with public bodies
What is private law
law that regulates interactions between private individuals
What is criminal law
Public law regulating what behaviours are not acceptable