The legal framework: Protecting the Citizen. ► The legal framework is there to protect the Rights of all Citizens. ► We will find out how Citizens can.

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Presentation transcript:

The legal framework: Protecting the Citizen

► The legal framework is there to protect the Rights of all Citizens. ► We will find out how Citizens can gain redress if their Rights have been violated.

We needs laws because….

Mix and Match ► Law ► Morality ► Justice ► God-Given Law ► Justice ► Rule of Law

Criminal Law, Administrative Law and Civil Law ► Divisions of Law: Law is made by Parliament (statue law) or the courts (case law) although today, a majority of laws are made by the EU

► Criminal Law: Covers offences against the person……. The Police will arrest the suspect 1 st and the Criminal Prosecution Service will decide if there is enough evidence to carry on the procedure and go to Court. ► The Court must convince the jury beyond any reasonable doubt that the defendant is guilty. ► A guilty verdict at court will result in…

► Civil Law: This is seen as less serious than Criminal Law. It deals with disputes between a plaintiff and a defendant ► The aim of the proceedings are to exact damages (normally in the form of compensation.) It is not about who is guilty it is about who is liable or negligent. (Have a duty of care, have breeched their duty of care and there has been a damage)

Mullins v Richards (1998) ► Teresa and Heidi were having a sword fight with plastic rulers. A piece of plastic flew in Teresa’s eye. ► Judgement: Teresa has a duty of care and he had breeched it as the injury was foreseeable. ► Court of Appeal: there was no negligence as Heidi was a child and the girls were playing a child’s game with no foreseeable injury.

Other Remedies available in civil law: ► Injunction ► Specific Performance ► Damages: The Sheridan case of defamation against the news of the World. ► Defamation cases and terrorists were up from 4% of cases in 2005 to 13% in 2007 ► Defamation cases and celebs made up 30% of the total number of defamation cases n 2006/7 as opposed to 17% in 2004/5. British defamation law is quite favourable so to defendants so many celebs choose to sue in the UK as opposed to abroad. ► (Cameron Diaz sued America’s National Enquirer in the High Court in London as did Kate Hudson I 2006.)

Hwk ► Why punish: ► Retribution ► Protection ► Deterrence ► Reformation ► Explain 2 other punishments that can be given other than a custodial sentence. Explain what they are and give reason why they have /have not been successful.