Question

1. what is the difference between a rule and a law? (2 marks)2. list 2 out of the 4 main functions of law. (2 marks)i.ii.3. of the 4 main functions of law, which is the most important? (1 mark)4. the rule of law is a three-part principle of justice that states... (3 marks)i.ii.iii.5. __________ sources of law transforms values into legally binding rules governing a state. (1 mark)6. ________ sources give laws their values and content. (1 mark)7. list three primary sources of law: (3 marks)i.ii.iii.8. list three secondary sources of law: (3 marks)i.ii.iii.9. of the secondary sources listed above, which one is in the middle of the pyramid? (1 mark)total: __/17

Explanation:

1. Rules are often specific to a group/organization, unenforced by state; laws are state-enforced, universal.
2. Common core functions of law include social order and dispute resolution.
3. Maintaining social order is foundational for other legal functions to operate.
4. The three-part rule of law principle focuses on equality, accountability, and fair process.
5. Formal sources codify values into enforceable legal rules.
6. Material sources shape the underlying content and values of laws.
7. Primary sources are direct, binding legal authorities created by official bodies.
8. Secondary sources interpret, analyze, or comment on primary legal sources.
9. In a typical legal source pyramid, case law sits between legislation and academic commentary.

Answer:

1. Rules are informal/organization-specific, not state-enforced; laws are state-mandated, universally binding, and carry official penalties for violations.

2.
i. Maintaining social order
ii. Resolving disputes between parties

1. Maintaining social order

4.
i. All people/entities are equal under the law
ii. Those in power are accountable to the law
iii. Everyone has access to fair legal processes

1. Formal
2. Material

7.
i. Legislation (statutes/acts of parliament)
ii. Case law (judicial precedents)
iii. Constitutional law
8.
i. Legal textbooks and academic journals
ii. Legal commentaries and treatises
iii. Law review articles

1. Case law