Introduction to AS Law Learning Objectives Understand the structure & expectations of the course Know the different categories of Law TIF: Make links between your own general knowledge and the content learned today Learning Objectives Understand the structure & expectations of the course Know the different categories of Law TIF: Make links between your own general knowledge and the content learned today What is a Law? Imagine there is an Alien from another planet. How would you describe what a Law is? TIF – 20 word limit! Date: Date: Tuesday, 05 January 2016 Please complete the AS Law Student Questionnaire

Overview of Course Unit 1 LAW01 Law Making and the Legal System Section A – Law Making Section B – Legal System Unit 2 LAW02 The Concept of Liability Section A – Criminal Liability Section B – Tort

Expectations Punctuality (10 mins late = not there!) Attendance apologies & reason Catch up with work missed Effort Meet deadlines Come prepared Textbooks Paper pens

Independent Study Set every week from each teacher Equivalent to hours in school Research Reading / note taking Practice exam questions Additional homework Read the newspaper Watch the news Go to court

Homework Due: Wednesday Look through newspapers to find articles about court cases. When you have found an article use your knowledge about civil and criminal cases to decide what type of case it is. Write a case note summarising the key facts. If you are having difficulty finding civil cases, try searching for the phrase ‘High Court’ or ‘county court’ in newspapers online. The following have good search engines

Categories of Law Comprehension: Use the information to complete this table demonstrating the different categories of Law. Hint: start in pencil! TIF: Could you consolidate any of these categories?

How is Law Classified? The law covers a range of matters. As such it is useful to divide these laws into different categories. The first is that between International and National law. International law is concerned with disputes between nations (like treaties which have been agreed by the governments of countries). National law is that which applies within a country. Often there are wide differences between the laws of individual countries. Take Scotland for example. It has its own law and legal system, which is separate from England and Wales. Even though for serious crimes trial by jury occurs in both systems, the Scottish jury has 15 members and the decision can be made by a simple majority of eight to seven. In contrast, England and Wales have 12 Jurors of which 10 must agree on a decision. National law can then be classified into public and private law. Public law involves the state or government in some way, while private law is concerned with disputes between private individuals or businesses. In public law there are three main categories of law. These are: Constitutional Law – This controls the method of government and any disputes, which arise over such matters as who gets to vote, who is allowed to be elected, and procedures for elections. Administrative Law – This controls the power of the states and other public bodies such as local councils and how they should operate. An important part of this is the right to judicial review of certain decisions. Criminal Law – This sets out the types of behaviour, which are forbidden at risk of punishment. Regardless of whether there is a victim, when a person commits a crime they have offended against the state, and so the state has the right to prosecute them. You have probably heard private law referred more commonly as Civil law and has many different branches. The main ones are contract, tort, family, employment and company law. However, for the purposes of this course we will only be studying tort. Tort covers many civil wrongs other than breach of contract. A tort occurs where the civil law holds that, even where there is no contract between two individuals, one person owes a legal responsibility of some kind to another person and there has been a breach of that responsibility.

Categories of Law National Private law (civil law) International Law Public law (re the State) Constitutional (re national government) Administrative (re local government) Criminal (crimes are against the State) Contract (basis of business & consumer law) Tort (civil wrongs: negligentd amage, trespass, nuisance) Family (marriage, divorce, children) Company Labour Equity Land etc….

Criminal or Civil Law Learning Objectives Describe the difference between criminal and civil law TIF: Be able to explain the different purposes of civil and criminal law Learning Objectives Describe the difference between criminal and civil law TIF: Be able to explain the different purposes of civil and criminal law Date: Date: Tuesday, 05 January 2016 Each group has 5 sources. For each source identify: 1)Which court the case was heard in. 2)What the decision was e.g. the punishment or court ruling. 3)Any other key legal terminology. Decide as a group which cases you think were criminal and which you think were civil. Each group has 5 sources. For each source identify: 1)Which court the case was heard in. 2)What the decision was e.g. the punishment or court ruling. 3)Any other key legal terminology. Decide as a group which cases you think were criminal and which you think were civil. TIF: Based on what you have learned, create a general statement explaining the difference between criminal and civil cases

Civil CasesCriminal Cases Purpose of the law Person stating the case Legal name for that person Courts hearing cases Standard of Proof Person/s making the decision Decision Powers of the court Differences between civil and criminal law TIF: What do you think is the rationale for a higher standard of proof in criminal cases?

Civil CasesCriminal Cases Purpose of the law To uphold the rights of the individualTo maintain law and order; to protect society Person stating the case The individual whose rights have been affectedUsually the State through the Crown Prosecution Service Legal name for that person ClaimantProsecutor Courts hearing cases County court or High Court. Some cases dealt with in tribunals Magistrates’ Court or Crown Court Standard of Proof The balance of probabilityBeyond reasonable doubt Person/s making the decision Judge. Very rarely a juryMagistrates in Magistrates’ Courts or A judge and Jury in the Crown Court Decision Liable or not liableGuilty (convicted) or not guilty (acquitted) Powers of the court Usually an award of damages, also possible: injunction, specific performance of a contract, rescission or rectification Prison, community sentence, fine, discharge, driving ban

Standard of proof: Burden of proof: The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil) The side who bears the burden of proving that the standard of proof has been met

Criminal Cases: Standard of proof: Burden of proof: Civil Cases: Standard of proof: Burden of proof: Beyond reasonable doubt Prosecution Balance of probabilities Claimant