The nature of law and the English legal system：練習問題

• a.

  Rules created by the European Union that are automatically binding on the UK.

• b.

  Legislation passed by the House of Commons and the House of Lords.

• c.

  Historical rules and practices that have existed since time immemorial and are recognized by the courts.

• d.

  Decisions made by local authorities regarding planning and environmental issues.

• a.

  The constitutional rule that private property rights will always take precedence over state intervention or public infrastructure projects.

• b.

  The doctrine that criminal law should only focus on the punishment of the offender rather than the protection of the public.

• c.

  The process of weighing the rights of an individual (private interests) against the wider needs of the community (public interests) to achieve a fair outcome.

• d.

  The requirement that all laws must be voted on by a public referendum to ensure they represent the interests of the majority.

• a.

  Legal rules and moral norms are identical in a pluralist society to ensure that the law remains valid and commands absolute obedience.

• b.

  Moral norms are automatically incorporated into the common law once they are accepted by more than 50% of the population.

• c.

  The breach of a moral norm carries the same weight in the Magistrate's Court as the breach of a statutory legal rule, provided the judge agrees with the morality.

• d.

  Legal rules are formally recognized and enforceable by state sanctions, whereas moral norms are social expectations that may vary between different groups and lack formal legal enforcement.

• a.

  Criminal law cases are heard in the High Court, while civil law cases are exclusively heard in the Crown Court.

• b.

  Criminal law focuses on punishing the offender to protect society, while civil law focuses on compensating the victim.

• c.

  Criminal law is only found in statutes, while civil law is only found in judicial precedents.

• d.

  Criminal law deals with private disputes between neighbours, while civil law deals with offences against the state.

• a.

  Law made by bodies such as government ministers or local authorities under the authority of an Enabling Act.

• b.

  The process where the House of Lords delays the passing of a Bill from the House of Commons.

• c.

  Law created by the Supreme Court when they overrule a previous binding precedent.

• d.

  A draft piece of legislation, known as a Green Paper, presented for public consultation.

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