Why We Need Law - Principles and Sources

What law is for

Every day, laws shape what you can and cannot do - from the age you can drive to how a shop must treat you. Law is the set of rules a society agrees to live by and can enforce. This module answers two big questions: why does a society need laws at all, and where do laws come from? Along the way you will meet the principles that keep the law fair, and the two sources it flows from.

Why a society needs laws

Laws are not just about punishment. They do several jobs at once - the next steps ask you to spot them.

Match each reason to an example

Which job is this?

Parliament passes a law to regulate a brand-new kind of technology that did not exist ten years ago. Which reason for having laws does this best show?

• Responding to new situations, such as scientific and technological change
• Settling a dispute between two people
• Punishing someone who has already broken a rule
• Raising money for the government

The law in a nutshell

Laws exist to protect the public, _____ disputes and ensure _____ treatment. The law also sets minimum _____ limits - such as to drive or vote - which _____ young people until they are ready. The age of criminal _____ is when a person can be held responsible for a crime.

Spot the legal principles

Select the TWO fundamental principles of law that help uphold people's rights and freedoms.

• The presumption of innocence, meaning a person is innocent until proven guilty
• Equality before the law, so everyone is subject to the same rules
• The wealthy should receive lighter sentences
• Trials should be kept secret from the public

Four principles that keep law fair

These principles protect everyone's rights and freedoms:\n\n- Rule of law: everyone, including the government, is subject to the law and no one is above it.\n- Presumption of innocence: you are innocent until proven guilty. - Equality before the law: the law applies to everyone in the same way.\n- Access to justice: everyone should be able to use the legal system to defend their rights, whatever their means.

The two sources of law

In England and Wales, law comes from two main sources. (Note: EU law was removed as a source after the UK left the EU, so it is no longer one of the current sources.)

Match each principle to its meaning

One country, three systems

Which statement about legal systems in the United Kingdom is correct?

• England and Wales, Northern Ireland, and Scotland each have their own legal system
• The whole UK shares one single, identical legal system
• Only Scotland has laws; the rest of the UK has none
• All UK law is now decided by the EU

How common law grows

Put the steps of how a common-law precedent is formed and followed into order.

• A new legal question comes before a court in a case
• A judge decides the case and gives reasons for the decision
• That decision becomes a precedent - an example to follow
• A similar case later comes before a court
• The court follows the earlier precedent to decide it

Apply the principles

Three situations. Choose the response that best fits the principles of law.

• A newspaper calls someone "guilty" before their trial has even started. Which principle does this threaten?
• A powerful government minister breaks a law and argues they should be exempt because of their position. Which principle says otherwise?
• Someone cannot afford a lawyer and worries they cannot defend their rights in court. Which principle is at stake?

Why a society needs laws

Explain why a society needs laws, and describe where the law in England and Wales comes from. Use examples and refer to at least one principle that keeps the law fair.

• Give at least two reasons why we need laws (for example protecting the public and settling disputes)
• Name the two sources of law - common law (case law/precedent) and legislation (statute)
• Refer to one principle such as the rule of law or the presumption of innocence, and what it means
• Give a real example, such as a legal age limit or a law responding to new technology

Name the two current sources

Two things sharpen a Law and Justice answer. First, when asked for the sources of law, name the two current ones - common law and legislation. EU law was removed as a source after Brexit, so listing it would date your answer. Second, do not just name a principle - apply it. Say what the rule of law, the presumption of innocence, equality before the law or access to justice actually protects in the situation in front of you. Naming the principle earns a mark; showing what it does earns the top band.