COMMON LAWSTATUTE LAW

CIVIL LAWCRIMINAL LAW

LAW

RULE OR LAW? How would you distinguish between a

rule or law? A rule is made by an individual,

organisation or business and is enforced by that person(s) who made the rule. The consequence or punishment is less severe than breaking the law.

A law is made by parliament and it is enforced by the courts and police. The punishment is by fine or even a jail term.

RULES

set by an individual, group, organisation or business

more flexible, and have lighter consequences when broken

set during childhood to prepare for living in accordance with laws

legal variation of rules

enforced by the courts and police

made by the govt must go through

certain processes to become laws, including a voting process

Laws carry stiff penalties including imprisonment

LAWS

COMMON LAW

Is judge-made law; or case law

DONOGHUE V

STEVENSON

Snail in her

ginger beer

Sued the manufacturer for injuries

sustained

Won the case and

was awarded

£500 damages

House of Lords

decided there was a ‘duty of

care’ owed

Judge made law: negligence

STATUTE LAWIs legislation; laws are made by parliament

CIVIL LAW

Laws that are applied to disputes between private individuals.

Types of civil law:

1. Contract law: a contract is a legally binding agreement that is enforceable in a court of law.

2. Family law: provides protection and care for children and families. eg. Birth, death, marriage, wills

3. Torts: are civil wrongs. The Law of Tort protects us against someone doing something wrong or not taking reasonable care to prevent us from injury.

Compensation is awarded in ‘damages.’

THE LAW OF TORT A person can claim damages from

another person where that other person owed the first person a ’duty of care’ and harmed that person through their conduct in breach of that duty.

Negligence

Defamation

CRIMINAL LAW Protects people Protects property Protects public standards Protects the nation & the legal system Traffic law