Legal Foundations
What are non-legal rules?
Laws made by private individuals or groups on society, such as parents and schools, which are not enforceable by the courts.
What is the presumption of innocence?
the right of a persona accused of a crime to be presumed not guilty unless proven otherwise
What is criminal law?
an area of law that defines a range of behaviours and conduct that are prohibited and outlines sanctions.
What is Civil Law?
an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes.
What is obiter dicta?
a judge's by the way statement. Generally not binding
What is social cohesion?
a term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper.
What is Actus Reus?
the physical element of a crime.
What is indictable offence?
A serious offence generally heard before a judge and jury in the County or Supreme Court
What is the balance of probabilities?
the standard of proof required in civil disputes.
What is the precedent case for tort law
Donoghue v Stevenson (snail in the ginger beer bottle)
What is ratio decidendi?
A latin term meaning 'the reason', the legal reasoning behind a judge's decision. It forms the binding part of the precendent
What is doli incapax?
the principle that a child under 14 years cannot form mens rea as they don't have the intellectual or moral capacity to know the difference between right and wrong
What is causation?
the direct relationship between one event and another event, where event 1 was the reason event 2 happened.
what is a tort?
a wrongful act recognised by law
What is the doctrine of precedent?
common law principle by which the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where material facts are similar
What is common law?
Law made by judges through decisions made in cases; also know as case law or judge made law
What is the age of criminal responsibility?
A person under 10 cannot be charged with a crime.
A person between 10 - 13 will be charged with a crime if the prosecution can prove the legal principle of doli incapax
What is the purpose of criminal law?
aims to protect individuals, property, society and maintain public order and security.
What is duty of care?
the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them.
What is fairness?
one of the principles of justice meaning having a fair process and fair hearing.
What is legislation?
A law made by parliament, also referred to as an Act of parliament or statute.
What is an accessory?
a person who knowingly assists another person who committed a serious offence to evade arrest, prosecution or conviction
What is the burden of proof?
the obligation of a party to prove a case.
What is justification?
the defence of defamation when a defamatory statement is substantially true.
What is the characteristic of an effective law: be enforceable?
to be an effective law, if people break the law it must be possible to catch and punish them, or sue them in a civil case