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The Nature of Law

Equality, Fairness and Clarity before the Law

  • 3 things to know
  • All three papers

Overview

Recall questions on when a person may be punished and on equality before the law, fairness and the demand that law be clear.

What you need to know

Answer each one before you reveal it.

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Process

How does the predictability of law contribute to the rule of law?

Key term

Under the rule of law, when can a person be sanctioned or punished?

Key term

Explain what is meant by laws being 'intelligible' as part of the clarity requirement.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Under the rule of law, when can a person be sanctioned or punished?

    Model answer

    Only where there is a clear legal basis authorising the sanction or penalty.

  2. 2

    What does equality before the law mean in terms of how individuals are treated?

    Model answer

    All persons, regardless of status, wealth or position, are subject to the same laws and entitled to equal treatment by the legal system.

  3. 3

    What does fairness require as a component of the rule of law?

    Model answer

    That legal processes treat individuals justly and that decisions are made impartially without bias or arbitrary action.

  4. 4

    What does the 'clarity' component of the rule of law require regarding the nature of laws?

    Model answer

    Laws must be accessible, intelligible and predictable.

  5. 5

    Why does the rule of law demand that laws be accessible to citizens?

    Model answer

    So that individuals can find out what the law is and understand their legal obligations and rights.

  6. 6

    Explain what is meant by laws being 'intelligible' as part of the clarity requirement.

    Model answer

    Laws must be written and expressed in a way that ordinary people can understand, rather than being obscure or overly complex.

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The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding

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Assault and .
batterywoundingtheft

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Rapid timed gap-fills on the terms and numbers you need to recall without thinking.

AThe defendant must have brought something onto their land.
BThe thing must be likely to do mischief if it escapes.
CThere must be a non-natural use of land.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Wound means a break in both layers of the skin.
TrueFalse

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Spot the fault in a statement. The traps are the mistakes students actually make.

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