CHAPTER 1

LAWS & RULES

LECTURE NOTES | N.NEWAZ KARIM, ACCA AFFILIATE

 CHAPTER 1 LAW & RULES
Paper 1: Underlying Principles of Law and the English Legal System

Topics

The nature, purpose of the liability in law

„ 1. The distinction between rules and laws
„ 2. The role, function and benefits of law in society
„ 3. Legal theories of law and justice
„ 4. The relationship between law and morality

The sources of English law, its enforcement and administration

„ 1. Legislation
„ 2. Delegated legislation
„ 3. Judicial law making
„ 4. The impact of EU law and its institutions on English law
„ 5. Methods of civil dispute resolution
„ 6. Role and selection of people in law
„ 7. The costs of going to law

TOTAL MARKS - 100

TOTAL TIME IN EXAM - 3 HOURS

COMMAND MARKS QUESTION TYPES

WORD
Give/State 1 or 2 Points based. One step answer.
Describe 2 or 4 Short open response. Painting a picture with words. Giving an account.
Explain 2 Show understanding of the law and/or its application, with authority. Linked
expansion.
Analyze 6 Extended answer. Examine in detail. Break down into individual components
methodically. Identify relationships between separate elements. No need for a
conclusion.
Assess 10 Extended answer. One specified area. Weigh up factors and events that may apply
and identify which are the most important or relevant. No need for overall
conclusion.
Evaluate 14 or 20 Extended answer. Identify and analyse relevant areas of law which may not have
been given, review information and draw on evidence. Use understanding of the
law to justify an argument or apply to a scenario, and come to a conclusion.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 1 LAW & RULES

RULES AND LAWS

WHAT IS LAW?

Law is defined as a system of rules, which are created and enforced through social and
governmental institutions to regulate conduct. There is no universal definition of law but law is
sometimes described as science while sometimes as the art of justice.

According to the famous scholar John Austin, “Law is the aggregate set of rules set by a man as
politically superior or sovereign to men, as political subjects.” – So, according to Austin, there must
be a sovereign authority to establish and enforce laws.

Oliver Wendell Holmes stated – “Law is a statement of the circumstances in which public force will
be brought to bear upon through courts.”

TO SUMMARIZE: The term "law" generally refers to a rule that has been formally made to apply to
everyone in a society. Eg: In a democratic system, a law is something that has been passed by
a legislature.

WHAT IS RULE?

Rule is the principle set by different organisations, religion and other social institutes that tell you
what you should do and what you should not do.

Rules help us learn to prepare for living in society. As youngsters, we tend to learn that there are
rules about hitting, stealing, lying, and being wasteful. As young adults, we are held accountable for
these rules by becoming law abiding citizens. Laws are not meant to set teaching boundaries, but
are there to be enforced, and are punishable by imprisonment and even death if they are broken.

TO SUMMARIZE: Rules can be described as the guidelines or instructions of doing something

correctly. These are the principles that govern the conduct or behavior or a person in an
organization or country.

Eg: Company Rules for sick leave, School Rules for attendance, Hotel Rules for swimming, etc.

DIFFERENCES BETWEEN LAW & RULE

Laws are enforceable by state but rules are not- this is the basic difference between rule and law.
The other differences are-

 Laws are enacted by the legislature of the state and so are enforceable by the state. On the
contrary, all the rules are not enforceable by the state because all rules are not laws.

For example, it is your family rule that you cannot stay outside home after 8 PM- which is not
enforceable through the courts as it is just your family rule. On the other hand, if the state
enacts a law that no citizen is allowed to stay outside home after 8 PM, that is enforceable by

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 1 LAW & RULES
the court hence a Law.

 Laws are made by the legislature wing of the state or in case of delegated legislation, the
body delegated to do so. On the contrary, rules can be made by a family, club and other
organisations of the society.

 In case of law, there is a sense of certainty as laws cannot be changed overnight. To change
a law, approval from both Supreme Court (Previously known as House of Commons) and
House of Lords are required and the law becomes enforceable after the Queen approves it in the
UK. However, rules can be changed overnight as they are made in families and
organisations and so, there is a sense of uncertainty in case of rules.

BASIS FOR
RULES LAW
COMPARISON
Meaning The rules are the set of instruction which Law are the rules which are
tells us the way things are to be done. authorized by the legislation.

Nature Kind of flexible Rigid

Made as per Conditions and Circumstances Act/Constitutions

Set By Individual and Organisation Government

WHY ARE LAWS TAKEN SERIOUSLY?

- THEY ARE ENFORCED BY GOVERNMENT BODIES INVOLVED IN MAKING LAWS AND IS

FORMAL.

- LAWS ARE NOT FLEXIBLE WHICH MEANS IT HAS CERTAINTY THAT WRONG-DOINGS WILL
BE PUNISHED.

- SINCE THERE IS PUNISHMENT, THERE IS EXISTENCE OF FEAR WHICH MOTIVATES THE

SOCIETY TO ABIDE THE LAWS IN ACTION.

- LAWS ARE SANCTIONED THROUGH FINES, IMPRISONMENT OR EVEN DEATH.

- SINCE THERE ARE DIFFERENT TYPES OF LAWS (CRIMINAL, CIVIL, ETC), MEANING THERE IS
LESS SCOPE FOR AN OFFENDER TO GET AWAY WITH AN OFFENCE.

For eg: a person kills someone by a car. The offender will try to prove that it was just a mere
accident. However, civil law will allow the victim’s family to claim damages whereas the state will
accuse the driver for reckless driving proving negligence and ultimately leading to death through
criminal law.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 1 LAW & RULES
DIFFERENCE BETWEEN CRIMINAL AND CIVIL LAW IN BRIEF

CIVIL LAW DEALS WITH THE DISPUTES BETWEEN INDIVIDUALS, ORGANIZATIONS, OR BETWEEN
THE TWO, IN WHICH COMPENSATION IS AWARDED TO THE VICTIM. CRIMINAL LAW IS THE
BODY OF LAW THAT DEALS WITH CRIME AND THE LEGAL PUNISHMENT OF CRIMINAL
OFFENSES.

WE SHALL LOOK INTO DETAILS OF THESE TWO TYPES OF LAWS LATER IN THE SYLLABUS!!!

THANK YOU!

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 1 LAW & RULES
QUESTION PRACTICE

1. EXPLAIN LAW. (2 MARKS)

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2. EXPLAIN RULES. (2 MARKS)

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3. ANALYZE THE DIFFERENCES BETWEEN LAW & RULE (6 MARKS)

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LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)