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The Nature of Law

Justice through Civil and Criminal Law

  • 5 things to know
  • All three papers

Overview

Recall questions on how civil law delivers corrective justice and where it falls short, and on the aims of criminal punishment.

What you need to know

Answer each one before you reveal it.

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Key term

How does civil law achieve justice?

Key term

How can civil law achieve justice for claimants who have suffered harm?

Key term

How can civil law achieve corrective justice?

Key term

How does rehabilitation function as a purpose of criminal law?

Key term

What is the purpose of legal aid and access to justice provisions?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How does civil law achieve justice?

    Model answer

    Civil law achieves justice by providing remedies such as damages, injunctions, and specific performance to compensate victims of wrongs.

  2. 2

    What are the purposes of punishment through which criminal law achieves justice?

    Model answer

    Criminal law achieves justice through punishment of offenders, which may serve retribution, deterrence, rehabilitation, or public protection.

  3. 3

    What is a miscarriage of justice?

    Model answer

    A miscarriage of justice occurs when innocent people are convicted or guilty people are acquitted, demonstrating limits in law achieving justice.

  4. 4

    What factors may limit access to justice?

    Model answer

    Access to justice may be limited by cost, complexity, and availability of legal aid, preventing law from achieving justice for all.

  5. 5

    How might high legal costs undermine the rule of law principle of equality?

    Model answer

    If only wealthy individuals can afford legal representation, the same laws do not effectively apply equally to all, as poorer citizens cannot enforce their rights.

  6. 6

    How can civil law achieve justice for claimants who have suffered harm?

    Model answer

    Through compensatory damages that restore claimants to their pre-harm position.

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The Nature of Law
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