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Ans – English law is the common law legal system of England and Wales
which consists mostly of criminal and civil law, with each component having its
own set of courts and processes. English law is unique in that it is built on the
set of legal precedent to current and future judicial judgments. English law is
classified into different types :-
Common law vs Civil law are the result of fundamentally approaches to the
legal process. The basic concepts and norms of civil law are written in codes
and legislation which are applied by the courts . common law has been formed
through court decisions with little regard for a conceptual structure.Civil law is
founded on the idea of separation of powers, which states that the job of the
legislature is to legislate. In common law, the courts are tasked with
establishing the law. In the civil law system, the courts’ main task is to decide
specific cases by applying and interpreting legal norms. In the common law
system, the courts are supposed not only to decide disputes between specific
parties .
Civil law vs criminal law
Harms, agreements, families, and companies are all covered by civil law.The
purpose of civil law courts is to offer a remedy, such as damages or a
declaration, to a party who has a lawful claim. A fine may also be issued. In
civil law matters, the victim receives compensation to settle the issue. In such
circumstances, no punishment is imposed. The court in Civil law can only pass
judgement to compensate for damage done to the aggrieved party.
The Crown prosecutes the accused under criminal law, which is the law of
crime and punishment. The seriousness of the criminal offence committed
would depend on the severity of the punishment. In criminal cases the court is
empowered charge a fine, imprison the guilty of a crime, or discharge the
defendant.
The law that governs people's interactions with the government is known as
public lawPublic Law aims to protect the public interest. Private Law seeks to
protect only private interests. The main parties involved Public law are the
individuals and the state.The main parties involved in Private Law are the
private entities or organizations acting in the private capacity. Public law
establishes the rights and responsibilities of the relationship between people
and governments by regulating the state's powers and duties. The rights and
duties of persons and private bodies in their relationships are defined by
private law.
Procedural law is a law that specifies the practice, procedure and machinery for
the imposition of rights and duties. Procedural law establishes the legal rules
by which substantive law is created, applied and enforced, particularly in a
court of law.Substantive law establishes the rights and obligations that govern
people and organizations; it includes all laws of general and specific
applicability.
2) what is the relationship between Morality and law and authority and law?
For example, moral laws are those enacted with the aim of eliminating evils
and malpractices such as wine drinking, gambling, theft, dacoity, and murder.
They arouse spiritual feelings in us and help us develop as humans. Only such
morally based rules are everlasting. Progress is impossible to achieve in a
society ruled by moral principles. In a state where crime is promoted, people
will be too preoccupied with committing crimes to think about their own
success. As a result, they will return to their natural state of savagery.
3) Using an example from modern day India illustrate how social opinion
influences law
Members of the public can voice their dissatisfaction with politicians who refuse
to consider their views and vote them out of office, which could also act as a
check on leadership.Bringing the public's viewpoints to the attention of
government leaders who are making decisions that will have an impact on
society. When making policy decisions, leaders frequently check the public's
opinion, especially when facing an election campaign.