From Doug

Question 1

What is an example of the ratio decidendi?

Answer 1

Donoghue v. Stevenson: ‘neighbour principle’.

Question 2

What are legal norms?

Answer 2

Generally binding rules of conduct issued by state authority.

Question 3

List and explain the seven components/principles of civil law.

Answer 3

• Concerned with the private rights we have as individuals.
• Aim: To return the person whose rights have been infringed to their original position.
• Action started by plaintiff suing the defendant.
• Consequence: Civil remedy such as damages or an injunction.
• Deals with matters such as family disputes, contracts, negligence etc.
• Standard of Proof: Balance of probabilities.
• Burden of Proof: Plaintiff.

Question 4

List and explain the seven components/principles of criminal law.

Answer 4

• Concerned with the protection of the community of the whole.
• Aim: To punish those who have broken the law and deter others from breaking the law.
• Started by the police charging an individual who will be prosecuted by the state.
• Consequence: Sanction/punishment such as imprisonment or fine.
• Deals with crimes (Eg. Murder, rape, fraud, assault etc.).
• Standard of Proof: Beyond all reasonable doubt.
• Burden of Proof: Prosecution.