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Posted By Marcus74
Please can someone send me some info ( in simple terms ) on the differences between the following types of law within H & S.
I am getting myself more and more confused everytime I pick up my notes or look at a book on the subject.
Please can someone provide a brief discription and an example ( i.e. if you have an accident at work you may be able to claim compensation under the xxxxx law system )on the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Im currently half way through my BSC CerTosh course and would like to move on with my revision however im struggling to get my head around this section and dont want to move on until its clear in my head.
Thank you in advance for your help.
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Posted By Bob Thompson CMIOSH
common law and civil law are one and the same. based on precedent, deal with remedy between parties eg compensation. based on the test of balance of probability for negligence.
statute law and criminal law also one and the same breach of regulation and acts resulting in punishment by the state eg fines and imprisonment. decided beyond reasonable doubt.
breach of statutory duty does not automatically imply liability in civil cases.
hope this helps
Bob
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Posted By Charley Farley-Trelawney
Marcus
This link should assist you in a decent explanation.
CFT
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Posted By Marcus74
Thank you Bob
The fact they are one and the same thing probably explains why ive been getting confused.
CFT, there was no link present in your reply. Please re-send if you can.
Regards.
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Posted By Adrian Watson
Dear All,
Here is an answer to your plea for a brief description and an example of the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Simply put:
Criminal law deals with the rights of the state to punish individual for failing to comply with an obligation to the state;
Civil law deals with the rights of individuals against each other or against the state (This includes the right to compensation for loss);
Common Law is (oral) law from judges;
Statute law is (written) law from parliament.
To put it all together, draw a 2 x 2 box. Label the headings of the 2 columns (a) "Statute Law" and (b) "Common Law"; and the 2 rows (1) "criminal law" and (2) "civil law".
In box (a1) the example is Health and Safety at work Act 1974.
In box (a2) the example is murder/man slaughter.
In box (b1) the example is negligence/breach of statutory duty.
In box (b2) the example is occupiers liability acts.
If you have an accident whereby a person is injured. Then a duty holder could be prosecuted for breach of the health and safety at work act (a1) or for manslaughter (a2)if the person dies; and the person could obtain compensation for injury resulting from a dangerous property (b1) or negligence (b2).
Other points statute law lakes precedence over common law (parliamentary sovereignty) and prosecution takes presence over compensation (rights of state over individual).
Hope this helps.
Regards Adrian Watson LLM
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Posted By Bob Thompson CMIOSH
2 types 4 names , it will get you every time.
Bob
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Posted By Adrian Watson
Please not common law and civil law are not one and the same!
Regards Adrian
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Posted By Adrian Watson
Dear All,
Here is an answer to your plea for a brief description and an example of the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Simply put:
Criminal law deals with the rights of the state to punish individual for failing to comply with an obligation to the state;
Civil law deals with the rights of individuals against each other or against the state (This includes the right to compensation for loss);
Common Law is (oral) law from judges;
Statute law is (written) law from parliament.
To put it all together, draw a 2 x 2 box. Label the headings of the 2 columns (a) "Statute Law" and (b) "Common Law"; and the 2 rows (1) "criminal law" and (2) "civil law".
In box (a1) the example is Health and Safety at work Act 1974.
In box (b1) the example is murder/man slaughter.
In box (a2) the example is negligence/breach of statutory duty.
In box (b2) the example is occupiers liability acts.
If you have an accident whereby a person is injured. Then a duty holder could be prosecuted for breach of the health and safety at work act (a1) or for manslaughter (a2)if the person dies; and the person could obtain compensation for injury resulting from a dangerous property (b1) or negligence (b2).
Other points statute law lakes precedence over common law (parliamentary sovereignty) and prosecution takes presence over compensation (rights of state over individual).
Hope this helps.
Regards Adrian Watson LLM
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Rank: Guest
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Posted By Adrian Watson
Dear All,
Here is an answer to your plea for a brief description and an example of the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Simply put:
Criminal law deals with the rights of the state to punish individual for failing to comply with an obligation to the state;
Civil law deals with the rights of individuals against each other or against the state (This includes the right to compensation for loss);
Common Law is (oral) law from judges;
Statute law is (written) law from parliament.
To put it all together, draw a 2 x 2 box. Label the headings of the 2 columns (a) "Statute Law" and (b) "Common Law"; and the 2 rows (1) "criminal law" and (2) "civil law".
In box (a1) the example is Health and Safety at work Act 1974.
In box (b1) the example is murder/man slaughter.
In box (a2) the example is occupiers liability acts.
In box (b2) the example is negligence/breach of statutory duty.
If you have an accident whereby a person is injured. Then a duty holder could be prosecuted for breach of the health and safety at work act (a1) or for manslaughter (a2)if the person dies; and the person could obtain compensation for injury resulting from a dangerous property (b1) or negligence (b2).
Other points statute law lakes precedence over common law (parliamentary sovereignty) and prosecution takes presence over compensation (rights of state over individual).
Hope this helps.
Regards Adrian Watson LLM
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Rank: Guest
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Posted By Adrian Watson
Dear All,
Here is an answer to your plea for a brief description and an example of the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Simply put:
Criminal law deals with the rights of the state to punish individual for failing to comply with an obligation to the state;
Civil law deals with the rights of individuals against each other or against the state (This includes the right to compensation for loss);
Common Law is (oral) law from judges;
Statute law is (written) law from parliament.
To put it all together, draw a 2 x 2 box. Label the headings of the 2 columns (a) "Statute Law" and (b) "Common Law"; and the 2 rows (1) "criminal law" and (2) "civil law".
In box (a1) the example is Health and Safety at work Act 1974.
In box (b1) the example is murder/man slaughter.
In box (a2) the example is occupiers liability acts.
In box (b2) the example is negligence/breach of statutory duty.
If you have an accident whereby a person is injured. Then a duty holder could be prosecuted for breach of the health and safety at work act (a1) or for manslaughter (b1) if the person dies; and the person could obtain compensation for injury resulting from a dangerous property (a2) or negligence (b2).
Other points statute law lakes precedence over common law (parliamentary sovereignty) and prosecution takes presence over compensation (rights of state over individual).
Hope this helps.
Regards Adrian Watson LLM
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Rank: Guest
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Posted By Adrian Watson
Dear All,
Here is an answer to your plea for a brief description and an example of the following:
Criminal Law
Civil Law
Common Law
Statutory Law
Simply put:
Criminal law deals with the rights of the state to punish individual for failing to comply with an obligation to the state;
Civil law deals with the rights of individuals against each other or against the state (This includes the right to compensation for loss);
Common Law is (oral) law from judges;
Statute law is (written) law from parliament.
To put it all together, draw a 2 x 2 box. Label the headings of the 2 columns (a) "Statute Law" and (b) "Common Law"; and the 2 rows (1) "criminal law" and (2) "civil law".
In box (a1) the example is Health and Safety at work Act 1974.
In box (b1) the example is murder/man slaughter.
In box (a2) the example is occupiers liability acts.
In box (b2) the example is negligence/breach of statutory duty.
If you have an accident whereby a person is injured. Then a duty holder could be prosecuted for breach of the health and safety at work act (a1) or for manslaughter (b1) if the person dies; and the person could obtain compensation for injury resulting from a dangerous property (a2) or negligence (b2).
Other points statute law lakes precedence over common law (parliamentary sovereignty) and prosecution takes precedence over compensation (rights of state over individual).
Hope this helps.
Regards Adrian Watson LLM
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Rank: Guest
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Posted By Dave Wilson
If you breach statute law you get prosecuted in the criminal courts and you are either guilty or innocent beyond a reasonable doubt.
If you have a 'civil disagreement' with another party you can get redress in the civil courts for compensation / injunction etc and you can be successful on a lower burden of proof 'on the balance of probabilities'.
Legal precedence can direct you in these cases.
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Rank: Guest
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