Lecture notes
A level law notes - Paper 2
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PAPER 2Chapter 1: The nature of law
1.1 The character of a rule
• Norms of behaviour = The behaviour that the particular society has, over a long period of time,
accepted as the ‘correct’ or ‘normal’ behaviour
• A Rule = A rule is something that determines the way in which behave
- This could be because it is enforceable in some way, or we submit to it voluntarily
- Some rules may ‘harden into rights’ and can be so widely accepted that they become law
- The early common law developed out of customs that were commonly accepted
- Rules are generally obeyed because:
1. Because they carry with hem a sense of moral obligation
2. Because the rule is reasonable and relevant
3. Because a penalty may be imposed if the rule is broken
1.2 Legal rules
• Law is a formal mechanism of social control
• Set of rules imposed and enforced by the state
• Legal rules are enforced through the courts
• In criminal law, there are penalties for breaking the law
• In civil law, courts can order compensation or make some other order trying to put right the
wrong that was done
1.3.1 Criminal law
• Sets out the types of behaviour which are forbidden at risk of punishment
• A person who commits the crime, has offended against the state
• So the state has the right to prosecute them
• If the defendant is found guilty, the defendant will be sentenced
• Courts can send the defendant to prison, making an order that the defendant to a certain number
of hours of unpaid work, fining the defendant or disqualifying the defendant from driving for a cer-
tain period of time
1.3.2 Civil law
• Civil law is about private disputes between individuals and/or businesses
• Law of tort occurs where the civil law holds that, even though there is no contract between
them, one person owes a legal responsibility of some kind to another person, and there has been
a breach of that responsibility
• The person affected can make a claim, if successful the court can award damages
• Courts can also award an injunction (stop the D to do or stop doing something)
1.3.3 Differences between criminal and civil law
Purpose of the law
• Criminal law is aimed at trying to maintain law and order, to protect society
• Civil law upholds the rights of individuals
,Person starting the case
• Criminal cases are taken on behalf of the state, and the Crown prosecution service are responsi-
ble for conducting most cases
- There are other state agencies which may prosecute certain types of offence
• In civil cases, the person starting the case is the individual or business which has suffered as a
result of the breach of civil law
Courts
• Criminal cases will be tried in either the magistrates court or the crown court
- The magistrates court deal with less serious offences
- Serious offences are tried in the crown court
• Civil cases are heard in the high court or county court
- The high court deals with more serious cases
- County court deals with cases of lower value
Standard of proof
• Criminal cases must be proved ‘beyond reasonable doubt’ - necessary high standard of proof,
because the conviction could result in the defendant serving a long prison sentence
• Civil cases have to be proved on the balance of probabilities .
- Judge decides who is most likely to be right
Outcome of case
• In criminal case, the D is either found guilty or not guilty/ convicted or acquitted
• In a civil case, the D is found liable or not liable
1.4 Sources of law
1.4.1 custom
• Rule of behaviour which develops in a community without being deliberately invented
• Basis of our common law
• Judges based at least some of their decisions on the common customs
1.4.2 Common law
• Common law is the basis of our law today
• Unwritten law that developed from customs and judicial decisions
• Used to distinguish laws that have been developed by judicial decisions from laws that have
been created by state or other legislation
• In tort law most of the law on negligence has been developed by judges
1.4.3 Statute law
• An Act of Parliament is law that has been passed by both house of parliament and received royal
assent
• Law can be changed by an AOP or new laws can be created
• Statue law can create, change or revoke any law
• Statutes often recognise the common law and create laws which rely on the common law
,3 Law making: parliamentary law making
3.1 Parliament
• Laws should be made by the elected representatives of society
• Major laws are made by Parliament
3.1.1 House of Commons
• Members of the House of Commons are elected by the electorate
• Country is divided into constituencies and each of these votes for one member of parliament
• Must be a general election every 5 years
• Government of the day is formed by the optical party which has majority in the house of com-
mons
3.1.2 House of Lords
• The House of Lords is a non elected body
• In 1999 decided that some nominated and some elected members
• Inherited title should not automatically allow that person to take part in the law making process
3.2 Green and White papers
• Each government minister has a department of civil servants and advisers
• A green paper may be issued by the minister with a responsibility for that matter
• A green paper is a consultative document on a topic in which the governments view is put for-
ward with proposals or law reform
• They then may publish a white paper which is a document issued by the government stating their
decisions as to how they are going to reform the law
3.3 The formal legislative process
• Major legislation is usually made through AOP also known as statutes
3.3.1 Introducing an AOP
• Great majority of AOP are introduced by the government, initially drafted by lawyers in the civil
service who are known as parliamentary counsel to the treasury
• The government department gives instructions as to what is to be included
Bills
• When the proposed Act has been drafted it is published this is called a bill
• Will only become an AOP if it successfully completes all the necessary stages in Parliament
• A bill will be introduced into parliament by the government minister
• Bills must be ambiguous, precise and comprehensive
• Usually a pressure on time
• Bill = The name for a draft law going through Parliament before it passes all the parliamentary
stages to become an AOP
Private members Bills
, • Possible for individual (private) Members of Parliament to introduce a bill
• These MPs are those who are not government ministers
• They can be from any political party, these are known as ‘backbenchers’ because they do not sit
in the front row in the house of commons
• Two ways a private MP can introduce a Bill:
- By ballot
- Through the ‘ten minute’ rule
Ballot
• Allows for a ballot each parliamentary session in which 20 private members are selected who
can then take their turn in presenting a Bill to Parliament
• Time of debate is limited
• Only the first 6 or 7 members in the ballot have a realistic chance of introducing a bill
Ten minute rule
• Backbenchers can introduce a ten minute rule, which any MP can make a speech of up to 10
minutes
• This method is rarely successful unless there is no opposition to the bill
• Members of the HOL can also introduce private members bills
Public Bills
• Most bills introduced into Parliament involve matters of public policy which will affect the whole
country
• These are known as public bills
Private Bills
• Small numbers of Bills are designed to pass a law which will affect only individual people or cor-
porations
• these are known as private bills
Hybrid Bills
• Cross between public bills and private bills
• They are introduced by the government, but affect a particular person, organisation or place
3.3.2 Role of the House of Commons
• Most bills are introduced into the House of Commons first
• If the House of Commons vote against the bill, it is the end of the bill
• There will be debates on issues of the policy behind the law as well as on the specific details of
the bill
3.3.3 Role of the House of Lords
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