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TOPICS for the prelim year 1 (0)

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TOPICS
For the PRELIM Year 1
Put down 10-12 relevant terms and retell about:
  • Prescriptive and descriptive law


    Prescriptive law – prescribe how people ought to behave
    Descriptive law – describes the way people or natural phenomena behave
    Break the law – do something illegal
    Penalty – punishment
    Government – system by which a state or community is controlled
    Law – the system of rules
    System of courts – all judicial institutions
    Enforce – to make people obey the law
    Authority – a group of people with  official  responsibility for a  particular area of  activity /the moral or  legal  right or  ability  to  control
    Prescribe – to tell someone what they must have or do, or to make a rule of something
    Impose
    The word law can have several meanings, it can be divided into prescriptive and descriptive law.
    Descriptive law – describes the way people or natural phenomena behave, e. g. law of gravity
    Prescriptive law – prescribe how people ought to behave e.g. speed limits
    In all societies relations between people are regulated by prescriptive law; customs (informal rules of social and moral behaviour); rules we accept if we belong to a particular institution (religion, organization); laws imposed on people by a government
    Penalties for breaking the rules are different . For not following the customs there may not be a punishment, or a person may be criticized by the society; rules of a social institution tend to carry precise penalties but they are not enforceable by any political authority; however governments use a system of courts backed by the power of the police to enforce the laws they have made.
    The relations between people are regulated by a combination of all these rules.
    One of the ways to classify laws is to separate them into prescriprive and descriptive law.
    Descriptive laws simply describe how people usually behave. For example law of gravity- if a person throws an apple up in the air, then it’s very likely that it falls down again .
    Other laws are prescriptive- they prescribe how people should or should not behave. For example, the law says that the minor can’t drink alcohol, but in spite of that rule, they still do. Relations between people are regulated by prescriptive laws. Some of them are customs – informal rules of social and moral behaviour. Customs are not made by governments and they are not written down. Sometimes we can break these rules without any penalty, but if we keep breaking the rules or break an important one, other society members may criticize us or act violently toward us. And some prescriptive laws are made by governments. When governments make laws they use a system of courts backed by the power of the police to enforce these laws.
  • Sources of law (general)


    Precedent – a decision about a particular legal case that makes it likely that other  similar   cases  will be decided in the same way
    Solve a dispute – to find a solution to a disagreement; to adjudicate
    Judiciary – a country ’s body of judges
    Government – system by which a state or community is controlled
    Judge – a person who is in  charge  of a  trial  in a  court  and makes decisions  on legal  matters
    Civil code – a collection of laws designed to deal with different areas of private law
    Private law – a set of rules that deal with disagreements between people or companies
    Common law – the legal system in  England  and most of the US that has developed from old customs and court decisions,  rather than  laws made by politicians
    Continental law – legal system originating in Europe in which legal codes serve as main source of law
    Two main traditions of law in the world – common, continental. These systems have different sources.
    Common law systems have developed gradually. The governments didn’t try to codify every legal relation like in continental law, judges did not merely apply the law, they also made the law, their decisions could become precedents for other courts. Judges attempted to apply existing customs and laws to each new case, rather than having government write new laws; similar cases had to be solved in the same way (doctrine of precedent) This doctrine of precedent is still the central feature of common law – if a similar dispute has been resolved in the past, the court is bound to follow the reasoning and reach the same decision.
    Continental systems are also known as codified systems. The governments attempted to govern every legal aspect of a citizen ’s life. In continental law system the sources of law are codes, for example civil code which is a collection of laws designed to deal with different areas of private law. The judges have to apply these laws when making a decision in court.
    One of the sources of law is precedent. It means that if a similar dispute has been resolved (solve a dispute) in the past, the court is bound to follow the reasoning and reach the same decision. Precedents are more used in common law countries.
    Custom can be also a source of law. Customs are non-written rules of social and moral behavior . In history, when the laws were not written yet, the life was organized by customs.
    The most important source of law is legislation (a law or set of laws suggested by a government and made official by a parliament ). Legislature frames new laws, amends the old laws and cancels existing laws in all countries.
  • Common law


    Judicial – involving a law court
    Statute – a law that has been formally approved and written down
    Hierarchy of courts – a system in which legal institutions are arranged according to their importance
    Binding precedent – a decision about a particular legal case that has to be followed when solving other similar cases
    Be bound by something – having a moral or legal duty to do something
    Common law – the legal system in England and most of the US that has developed from old customs and court decisions, rather than laws made by politicians
    Government – system by which a state or community is controlled
    Legislation – a law or set of laws suggested by a government and made official by a parliament
    Solicitor – a lawyer who prepares cases and gives legal advice
    Barrister – a lawyer who can represent people in court
    Tort – an  action  that is  wrong  but can be dealt with in a civil court rather than a  criminal  court
    Common law is a law system which developed in England and has been adopted by most of the United States and other countries colonized by England.
    Common law consists of rules created by the judicial decisions and statutes. Essential to common law are the hierarchy of courts and the principle of binding precedent. This means, that the decision made by a higher court is binding on a lower court – the decision must be followed, and a rule set by that court must be applied in relevant cases. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning and reach the same decision.
    Sometimes governments make new laws which are called statutes to modify or clarify the common law, or to make rules where none existed before .
    There are several different types of law in the world today . For example continental law, common law, Islamic law. Common law is used in almost every country which has been colonized (to transform (a community) into a colony) at some time by England (Northern Ireland , Ireland, the United States, Australia , New- Zealand and some others ).
    Common law refers to legal system developed from old customs and court decisions rather than laws made by Parliament.
    Common law is created and refined by judges (a person who makes decisions on legal matters): a decision in a currently pending legal case depends on decisions in previous cases.  If a similar dispute has been resolved in the past, the court is bound (having a moral or legal duty to do something) to follow the reasoning used in the prior decision. When there is no precedent with similar facts then the judge has to make decision based on legal principles and this decision will be a precedent for other courts to follow.
    Another important aspect of common law is equity. Courts of equity recognized rights that were not enforced in common law. For example in a breach of contract claim the court of equity forced the other party to fulfill a contract and common law court forced the other party to pay damages. In 1873 the two systems were unified.
    Sometimes governments make new laws which are called statutes (a law that has been formally approved and written down) to modify or clarify the common law, or to make rules where none existed before.
    This was a short overview of common law.
  • Continental law


    Continental law – legal system originating in Europe in which legal codes serve as main source of law
    Government – system by which a state or community is controlled
    Civil code – a collection of laws designed to deal with different areas of private law
    Penal code – a collection of a particular jurisdiction's criminal law
    Legislators – a group of people who have the power to make laws
    Corrupt – dishonestly using your position or power to get an advantage
    Biased – unfairly prejudiced for or against someone or something
    Judgement – an official legal decision
    Citizen – a member of a state
    Legislature – the group of people in a country who have the power to make and change laws
    Judiciary – the part of a country's government that is responsible for its legal system, including all the judges in the country's courts
    Continental systems, also known as codified systems have developed in most of Continental Europe, Latin America and many countries in Asia and Africa .
    Continental law has resulted from governments trying to govern every legal aspect of the citizen’s lives. Primary
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