A system of normative rules capable of repetition enforceable by authority.
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Why do we have law (7)?
1) Maintence public order 2) protects rights 3) control political sphere 4) regulate economy 5) regulation relationships 6) preserve moral order 7) regulate international
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What are the 4 sources of law?
Parliament, Courts, EU, European Convention on Human Rights
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Define Statutes
A written law created by Parliament
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Define Common Law
court created law, derived from English Law.
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What are the two parties involved in criminal law?
Prosecuter Vs Defendant
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What are the two parties involved in civil law?
Claimant vs Defendant (two private parties)
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Define Ratio Decidenti.
legal reason for courts decision, the precedent.
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Define Obiter Dictum.
'by the way' reasoning that forms ratio.
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Define Stare Decisis.
If a court makes a decision on a case, courts equal to or lower status must follow whether agree or not.
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Define Doctrine Of Precedent.
the ratio must be followed in later cases where material facts sufficiently similar.
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Describe where Precedent may not apply.
Where an argument is made that an earlier case may seem similar but it is different. E.g. different material in facts.
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Other cards in this set
Card 2
Front
Why do we have law (7)?
Back
1) Maintence public order 2) protects rights 3) control political sphere 4) regulate economy 5) regulation relationships 6) preserve moral order 7) regulate international
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