Lesson 7 - What's the point of law? |
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Why do people obey the law?
Law-abiding citizens obey the law for a variety of reasons: > Strong religious or moral views > Fear of being caught and punished > Would feel shame if they were sent to prison > Would not want to damage their own or their families reputation > Would not want to hurt or upset others Which is most important to you?
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If a motorist killed a child, people would suffer. If a shoplifter stole from a big company if pushes prices up for everyone and if people or businesses don't pay their tax the government would have less money to spend on things like hospitals and schools. In truth we have laws because without them life would be chaotic, and the most vulnerable members of society such as the young; old; ill; and minorities would most likely not be treated fairly.
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Why do laws change?
There are laws to cover a vast range of activities including adoption, marriage and divorce, terrorism, discrimination, motoring, banking, sex, drugs, theft and assult. New developments, such a cloning or the internet, often require new laws. |
Civil and criminal law: what's the difference?
Over many centuries of law making, two separate but related branches of the law have evolved to meet changing circumstances: civil law and criminal law.
Most civil cases are disputes between individuals, often arguing about rights. Where as criminal law deals with offences such as murder, theft and drug dealing. These cases are between the lawbreakers and the government (acting for all citizens) and will involve the police (the people charged with keeping law and order by the government). |
Key terms:
Civil law, covers disputes between individuals or groups. Civil law cases are often about rights. Criminal law, deals with cases such as murder and drug dealing. These cases are between the crown prosecution service and the defender. |
Civil or criminal, which courts decided the following cases (answers at end of webpage)
1. Tony Martin, a farmer from Norfolk who shot dead a burglar who he caught on his property?
2. Stella Liebeck, a customer of McDonald's who took legal action against the company after spilling a hot cup of coffee, she had just purchased from a drive thru, on her lap. Her complaint, the coffee was too hot. 3. Sirgiorgior Clardy, took legal action against Nike for not disclosing that their Air Jordan trainers could be used as a dangerous weapon. Mr Clardy took this action against Nike shortly after starting a long sentence for an assault he committed that involved him stomping on another mans face while wearing a pair of Nike Air Jordan trainers. |
4. Dudley Stephans, who upon being shipwrecked and adrift at sea in a lifeboat killed and eat the another man who was sharing his lifeboat. Mr Stephans claimed he only committed this act in order to sustain his right to life.
5. Webster Lucas, another unhappy McDonalds customer took legal actions against the company due to the distress he was caused when he only received one napkin with his Quarter ponder meal. Please note that Mr Lucas did ask the manager for additional napkins, however the request fell of deaf ears. |
Who puts the law into practice?
The criminal justice system is large and complex with many people taking different roles. Judges can work on both civil and criminal cases and are known collectivly as judiciary. In a trial it is the jury that decided whether a person is guilty but the judge will determine the sentence. A jury is made up of twelve adults, who sit in a crown court and decide whether the person is innocent or guilty. These twelve people are selected from members of the public at random. Barristers and Solicitors are both lawyers whose job it is to give legal advice and represent their clients in court. |
In the UK we also have two types of court, these are formal places where cases are held. A magistrates court takes over 95% or all criminal trials and have specially trained magistrates for youth offenders (11 - 17 years old). A crown court is reserved for the most serious criminal cases, these are very formal and judges and barristers wear wigs and gowns.
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Homework - due lesson 8
Please complete examination questions. Click button for sheet. |
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Plenary
How many laws are broken in this music video by the band Social Distortion, please identify if they are civil or criminal laws and which court the trials would be heard in. Stretch & Challenge: What other human rights issues does this video highlight? |
Answers: 1 = criminal, 2 = Civil, 3 = Civil, 4 = Criminal, 5 = Civil