How would you define the “Law”?
Answer:
Law is simply defined, as a set of rules that have been developed over a long period of time that regulated
people’s interactions with each other and such Law operates to set standards of conduct between
individuals and other individuals and individuals and the government for the common good and to
ensure public obedience and legal order in any society in order to eliminate or minimise anarchy and
chaos and promote social cohesion and legal order.
Question 2
Are all so called ‘rules’, automatically converted into Laws?
Answer:
NO – Even though it is often true to say that the law consists of a set of rules within society governing
people’s interactions with one another, it does not, however, automatically follow that all “rules” are or
ever will become “Law”. It is not always an easy task to try to ascertain when a “rule” actually becomes
“Law” but some factors that should be considered in such determination are:
• Where the rule comes from;
• How an offender will be dealt with when the rule is broken;
• How the offender will be punished; and
• By whom.
Question 3
What fundamental values and beliefs are actually embodied in the Law?
Answer:
Essentially, Law embodies what society believes is right, fair and just. Accordingly, justice in any society
means that everyone is entitled to a fair trial under a set of rules that applies equally to both sides in
an open court.
Question 4
Within any society and legal system, what is meant by the ideal of the ‘rule of the law’?
Answer:
The rule of low in any democratic society, embodies three main propositions that are based on the ideals
of democracy, fairness and justice and include that:-
• No person must be punished except for a breach of law which means that a person should
be able to know whether what they may want to do is lawful or unlawful. It also recognises
the law as the highest authority in society.
• All persons are equal before the law irrespective of status or position.
• The rights or freedoms of citizens are enforceable in the courts.
The question also seeks individual opinion as to the validity of these propositions.
Question 5
What are the main differences between common law and statute law?
Answer:
The main differences between common law and statute law in any legal system whether common law or
civil (code) law are in the manner in which they are created and in the actual way they exist.
• Common Law
Common law is judge made law. It is created through case law and the interpretation of statutes.
Because of the importance of the doctrine of precedent in the development of the common law,
by its very nature it is resistant to drastic or sudden change. It can be very difficult to get rid of
inappropriate principles. On the other hand, it enables appropriate principles to be established
on a firm basis and so provides an element of certainty and the development of the law in a
coherent and consistent manner.
• Statute Law
Statute law is the law made by parliament and while statute law assumes the existence of the
common law, in the event of a conflict between the two, statute law will always prevail. Common
law principles will only be maintained to the point where they conflict with statute law. Statute
law is always able to respond quickly to changing community needs but often lacks some of
the flexibility of the common law as there can be difficulties in ascertaining the intention of
Parliament because language is imperfect.
Question 6
What are the three main purposes of the hierarchy of courts within a legal system?
Answer:
In any legal system, the hierarchy of courts serves a threefold purpose:-
• provides a system of appeal;
• allows different forms of hearing according to the gravity of the case; and
• is instrumental in the building up of precedent.
1.2
Multiple choice questions
Question 1The law as a regulatory tool in a society is important for a number of reasons including the that it:
a) Prescribes what people cannot do.
b) Informs people of what they can do.
c) Informs people what they must do.
d) All of the above.
Answer:
d
Question 2
Which of the following statements regarding the definition of ‘the Law’ is more accurate?
a) The Law consists of rules of and principles of conduct that are enacted by Governments,
embedded in Constitutions, Statutes and decisions in Courts.
b) The Law is a set of rules that has been codified in some States.
c) The Law is created by the Queen.
d) All of the above.
Answer:
a
Question 4
Within any society and legal system, what is meant by the ideal of the ‘rule of the law’?
Answer:
The rule of low in any democratic society, embodies three main propositions that are based on the ideals
of democracy, fairness and justice and include that:-
• No person must be punished except for a breach of law which means that a person should
be able to know whether what they may want to do is lawful or unlawful. It also recognises
the law as the highest authority in society.
• All persons are equal before the law irrespective of status or position.
• The rights or freedoms of citizens are enforceable in the courts.
The question also seeks individual opinion as to the validity of these propositions.
Question 5
What are the main differences between common law and statute law?
Answer:
The main differences between common law and statute law in any legal system whether common law or
civil (code) law are in the manner in which they are created and in the actual way they exist.
• Common Law
Common law is judge made law. It is created through case law and the interpretation of statutes.
Because of the importance of the doctrine of precedent in the development of the common law,
by its very nature it is resistant to drastic or sudden change. It can be very difficult to get rid of
inappropriate principles. On the other hand, it enables appropriate principles to be established
on a firm basis and so provides an element of certainty and the development of the law in a
coherent and consistent manner.
• Statute Law
Statute law is the law made by parliament and while statute law assumes the existence of the
common law, in the event of a conflict between the two, statute law will always prevail. Common
law principles will only be maintained to the point where they conflict with statute law. Statute
law is always able to respond quickly to changing community needs but often lacks some of
the flexibility of the common law as there can be difficulties in ascertaining the intention of
Parliament because language is imperfect.
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