1 ENGLISH LEGAL SYSTEM

Question 1

What is law?

Answer 1

Principles and regulations established by authority in legislation or custom and policies enforced by judicial decision

Question 2

Common Law?

Answer 2

Mixture of concepts from Norman English law

Question 3

Common Law Mix of?

Answer 3

Mix of precedent and common sense to build consistency

Question 4

Why was equity developed

Answer 4

Damages not always suitable remedy

Question 5

Public law

Answer 5

Criminal, constitutional, administrative, social - relate to whole country

Question 6

Private Law

Answer 6

Company law, probate (wills), family law, contract law, land law, intellectual property - deals with law between individuals

Question 7

First instance?

Answer 7

Court in which the case is 1st heard

Question 8

Way case will progress through civil court system

Answer 8

Supreme Court(previously hol) - Court of Appeal (civil division) - High Court of Justice (3 divisions - Queens bench, Chancery, Family) - Magistrates Court (Criminal, but civil jurisdiction in family matters eg adoption)/County Court (1st instance civil claims in contract, tort, landlord, probate, insolvency)

Question 9

3 Track System

Answer 9

County Court - Small claims track, most fast track, some multi track

High Court - All other cases

Question 10

Main Criminal Courts

Answer 10

Supreme Court, Court of Appeal (Criminal division), Crown Court, Magistrates Court

Divisional Court of the Queens Bench Division

Question 11

Tribunals

Answer 11

Alternative to courts system

Question 12

Does legislation take precedence over case law?

Answer 12

Yes

Question 13

Does Equity prevail over common law?

Answer 13

Yes

Question 14

Case law divided into?

Answer 14

Common Law and equity

Question 15

Doctrine of judicial precedent

Answer 15

Following decisions in previous cases, some binding others merely persuasive

Question 16

Do Higher Courts bind lower ones?

Answer 16

Generally yes

Question 17

Supreme Court Binds?

Answer 17

Lower courts, not itself

Question 18

Court of Appeal Binds?

Answer 18

Lower courts and itself in civil cases unless an earlier decision is overruled

Question 19

High Court Bound by own decisions?

Answer 19

No but strong persuasive authority

Question 20

Ratio Decidendi?

Answer 20

Reason for the decision, can form the binding precedent

Question 21

Orbiter dicta?

Answer 21

Statements that are not part of the ratio, persuasive, not binding

Question 22

For a precedent to be binding?

Answer 22

Material facts of 2 cases and the legal principle involved must be same. Otherwise, precedent is persuasive

Question 23

For bill to become act of Parliament?

Answer 23

Go through stages in both houses, then receive royal assent

Question 24

Does an act go through parliament immediately?

Answer 24

Not necessarily, could be piecemeal, eg companies act 2006

Question 25

Doctrine of Sovereignty of Parliament?

Answer 25

Only Parliament can make new laws, and any law it wants. however it can’t pass acts that can never be repealed

Question 26

What does Parliamentary Delegation involve?

Answer 26

Parliament passes enabling act. The act then delegates the task of filling details to some other body