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Introduction to AS LawIntroduction to AS LawLearning Objectives• Understand the structure & expectations of the course• Know the different categories of Law• TIF: Make links between your own general knowledge and the content learned today
Learning Objectives• Understand the structure & expectations of the course• Know the different categories of Law• TIF: Make links between your own general knowledge and the content learned today
What is a Law? Imagine there is an Alien from another planet. How would you describe what
a Law is?TIF – 20 word limit!
Date:Date: Friday 21 April 2023
Please complete the AS Law Student Questionnaire
Please complete the AS Law Student Questionnaire
Overview of Course
Unit 1 LAW01 Law Making and the Legal System
• Section A – Law Making • Section B – Legal System
Unit 2 LAW02 The Concept of Liability• Section A – Criminal Liability • Section B – Tort
Expectations
• Punctuality (10 mins late = not there!)
• Attendance Email apologies & reasonCatch up with work [email protected]
• Effort• Meet deadlines• Come prepared
TextbooksPaperpens
Independent Study• Set every week from each teacher• Equivalent to hours in school• Research• Reading / note taking• Practice exam questions
Additional homework• Read the newspaper• Watch the news• Go to court
HomeworkDue: Wednesday
Look through newspapers to find articles about court cases. When you have found an article use your knowledge about civil and criminal cases to decide what type of case it is.
Write a case note summarising the key facts.
If you are having difficulty finding civil cases, try searching for the phrase ‘High Court’ or ‘county court’ in newspapers online. The following have good search engines.
www.dailymail.co.ukwww.telegraph.co.uk www.dailyexpress.co.uk
Categories of LawCategories of Law Comprehension: Use the information to complete this table demonstrating the different categories of Law. Hint: start in pencil!
Comprehension: Use the information to complete this table demonstrating the different categories of Law. Hint: start in pencil!
TIF: Could you consolidate any of these categories? TIF: Could you consolidate any of these categories?
How is Law Classified?
The law covers a range of matters. As such it is useful to divide these laws into different categories. The first is that between International and National law. International law is concerned with disputes between nations (like treaties which have been agreed by the governments of countries). National law is that which applies within a country. Often there are wide differences between the laws of individual countries. Take Scotland for example. It has its own law and legal system, which is separate from England and Wales. Even though for serious crimes trial by jury occurs in both systems, the Scottish jury has 15 members and the decision can be made by a simple majority of eight to seven. In contrast, England and Wales have 12 Jurors of which 10 must agree on a decision.
National law can then be classified into public and private law. Public law involves the state or government in some way, while private law is concerned with disputes between private individuals or businesses. In public law there are three main categories of law. These are:
Constitutional Law – This controls the method of government and any disputes, which arise over such matters as who gets to vote, who is allowed to be elected, and procedures for elections.
Administrative Law – This controls the power of the states and other public bodies such as local councils and how they should operate. An important part of this is the right to judicial review of certain decisions.
Criminal Law – This sets out the types of behaviour, which are forbidden at risk of punishment. Regardless of whether there is a victim, when a person commits a crime they have offended against the state, and so the state has the right to prosecute them.
You have probably heard private law referred more commonly as Civil law and has many different branches. The main ones are contract, tort, family, employment and company law. However, for the purposes of this course we will only be studying tort.
Tort covers many civil wrongs other than breach of contract. A tort occurs where the civil law holds that, even where there is no contract between two individuals, one person owes a legal responsibility of some kind to another person and there has been a breach of that responsibility.
Categories of Law
National
Private law (civil law)
International
Law
Public law (re the State)
Constitutional (re national
government)
Administrative (re local
government)
Criminal (crimes
are against
the State)
Contract (basis of
business & consumer
law)
Tort (civil wrongs:
negligentdamage, trespass, nuisance)
Family (marriage,
divorce, children)
Company
Labour
Equity
Landetc….
Criminal or Civil LawCriminal or Civil LawLearning Objectives• Describe the difference between criminal and civil lawTIF: Be able to explain the different purposes of civil and criminal law
Learning Objectives• Describe the difference between criminal and civil lawTIF: Be able to explain the different purposes of civil and criminal law
Date:Date: Friday 21 April 2023
Each group has 5 sources. For each source identify:1)Which court the case was heard in.2)What the decision was e.g. the punishment or court ruling.3)Any other key legal terminology.Decide as a group which cases you think were criminal and which you think were civil.
Each group has 5 sources. For each source identify:1)Which court the case was heard in.2)What the decision was e.g. the punishment or court ruling.3)Any other key legal terminology.Decide as a group which cases you think were criminal and which you think were civil.
TIF: Based on what you have learned, create a general statement explaining the difference between criminal and civil casesTIF: Based on what you have learned, create a general statement explaining the difference between criminal and civil cases
Civil Cases Criminal Cases
Purpose of the law
Person stating the case
Legal name for that person
Courts hearing cases
Standard of Proof
Person/s making the decision
Decision
Powers of the court
Differences between civil and criminal law
TIF: What do you think is the rationale for a higher standard of proof in criminal cases?
Civil Cases Criminal Cases
Purpose of the law
To uphold the rights of the individual To maintain law and order; to protect society
Person stating the case
The individual whose rights have been affected Usually the State through the Crown Prosecution Service
Legal name for that person
Claimant Prosecutor
Courts hearing cases
County court or High Court. Some cases dealt with in tribunals
Magistrates’ Court or Crown Court
Standard of Proof
The balance of probability Beyond reasonable doubt
Person/s making the decision
Judge. Very rarely a jury Magistrates in Magistrates’ Courts or A judge and Jury in the Crown Court
Decision Liable or not liable Guilty (convicted) or not guilty (acquitted)
Powers of the court
Usually an award of damages, also possible: injunction, specific performance of a contract, rescission or rectification
Prison, community sentence, fine, discharge, driving ban
Standard of proof:
Burden of proof:
The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil)
The side who bears the burden of proving that the standard of proof has been met
Criminal Cases:Standard of proof:Burden of proof:
Civil Cases:Standard of proof:Burden of proof:
Beyond reasonable doubt
Prosecution
Balance of probabilities
Claimant
