1. Theory: The Nature of Law
1.1 The character of a rule Legal rules Criminal and civil law Criminal law Civil law Differences between criminal and civil law Sources of Law Custom Common law Statute law

2. 1.1 The character of a rule
A rule is “a general norm, mandating or guiding conduct”

3. 1.2 Legal rules
Norms of behaviour are rules about morality that develop from the behaviour of a particular society over a long period of time which become accepted as “correct” or “normal”
Norms of behaviour develop over time, ought to be obeyed, are enforced by the disapproval of the community and are voluntary so only apply to those who accept them.
Laws are rules imposed and enforced by the state and a system of courts, acting as a formal mechanism of social control.
Legal rules can change instantly, must be obeyed, are enforced by the courts and are obligatory so apply to everyone

4. 1.3 Criminal and Civil Law
Criminal law is a system of law concerned with the punishment of others for offences against society.
The defendant can only be prosecuted if they are found guilty beyond all reasonable doubt.
Civil law is a system of law concerned with private relations between members of a community.
The claimant can be found liable on the balance or probabilities.

5. 1.3 Criminal and Civil Law Criminal Civil The purpose of law
To maintain law and order; to protect society
To uphold the rights of individuals
The person starting the case
Prosecutor – usually the state through the Crown Prosecution Service
Claimant – the individual whose rights have been affected
The courts involved
Magistrates’/Crown Court
County/High Court
The standard of proof
Beyond reasonable doubt
The balance of probabilities
The decision
Guilty or not guilty
Liable or not liable
The powers of the courts
Prison, community order, fine, driving ban
An award of damages, an injunction, performance of a contract

6. 1.3 Elements of civil law
Law of tort – a tort occurs where the civil law holds that one person owes a legal responsibility of some kind to another person and there has been a breach of that responsibility. The court can award damages or an injunction.
Law of contract – where parties have made an agreement and each side has put something into the agreement. If one party does not keep their side of the bargain, the other party can bring a claim against them.
Human rights law – basic rights and freedoms to which all human beings are entitled. An injunction or compensation can be awarded if these rights have been breached.

7. 1.4 Sources of Law
Custom law – rule of behaviour which develops in a community without deliberately being invented and are historically important
Common Law – unwritten law that developed from customs and judicial decisions created by the judges and is still important today
Statute law – law created by Parliament that has been passed by both houses and received Royal Assent

8. Knowledge Questions
State the definition of a rule according to academics Twining and Miers.
Identify the differences between norms of behaviour and law.
Define criminal law. (Discuss standard of proof)
Define civil law. (Discuss standard of proof)
Identify and describe three elements of civil law.
What are the differences between civil and criminal law? Discuss:
The purpose of law
The person starting the case
The courts involved
The standard of proof
The decision
The powers of the courts
List and briefly describe three sources of law.

9. In which court would a defendant, who has committed minor criminal offence, be dealt with?
Crown Court
High Court
Magistrates’ Court
County Court

10. Which one of the following statements accurately defines the standard of proof required in a civil case?
It must be proved beyond reasonable doubt
It must be proved on the balance of probabilities
There must be sufficient evidence
There is a low standard of proof