M05 Insurance Law Text - Ch 1

28 cards   |   Total Attempts: 187
  

Cards In This Set

Front Back
Law
The body of general rules which governs and controls the behaviour of people in the country or state we live in
Legal rules
Always backed by sanctions - penalty or adverse consequence for breaking them. Some laws, particularly criminal law is based on morality
Laws are based on ...
Some law, particularly criminal law - is based on morality (they reflect on the feelings of the community as to right and wrong. Much of the law is simply to regulate the economy and to insure life in general is orderly and civilised.
Tax laws
Exist for the sake of economic efficiency
Driving laws
Exist in the interest of safety rather than morality
Non-consumer (business law)
Ensure that commerce functions smoothly and according to principles which are clear and well understood.
How are laws enforced
There must be mechanisms to enforce law, otherwise they may be ignored and lead to disorder and confusion. Legal systems have created systems for bringing justice.
Country to Country
Law and legal systems vary from one state to another
English Law
Applies to England and Wales - also generally Northern Ireland.
Scottish Law
Has different origins from those of English Law. It is more akin to the legal systems in some continental countries, and like them, based on Roman Law
England and Scotland
Have been governed together for over 300 years. Most legislation enacted by UK Parliament applies to both countries. Therefore the systems have much in common, although their terminology varies.
English Common Law
One of the major legal systems in the world. Its been adopted by many countries including the US and most old Commonwealth countries, including part of Canada, Australia, New Zealand and many states in Africa and Far East.
Civil law (not civil law)
Based on the laws of ancient Rome
Public law
Concerned with the legal structure of the state and the relationships between the state and individual members of the community. It also governs the relationship between one state and another. Includes Constitutional law, administrative law and criminal law.
Constitutional law
Concerned with the structure of the main institutions of government and their relationship to each other, including the relationship between the two houses of parliament in the UK, and that between central and local government. It also includes; the making of treaties with foreign states and that status, function and powers of:
  • the Monarch,
  • Members of Parliament,
  • Government Ministers,
  • the Judiciary,
  • the Civil Service and
  • the Armed Forces.
Public law.