1 English Legal System

Question 1

What is the definition of ‘ignorantia juris non excusat’? (2)

Answer 1

Latin for ‘ignorance of the law, excuses not.’

Legal principle whereby someone who is not aware of a law maybe escape the consequences for violating that law purely because they did not know that it existed.

Question 2

What are the 3 main degrees of law?

Answer 2

1. Criminal
2. Civil
3. European

Question 3

What are the 6 types of civil law?

Answer 3

1. Law of Contract
2. Law of Tort
3. Law relating to property
4. Law relating to persons
5. Copyright
6. Health and Safety

Question 4

What are the 3 types of criminal law?

Answer 4

1. Behaviour against / that breaks society rules
2. Health and Safety
3. Listed Buildings

Question 5

What are the 3 points required when making laws?

Answer 5

1. Law made and approved by parliament - LEGISLATION
2. Binding decision by judges - COMMON LAW or JUDICIAL PRECEDENT
3. All must take account of European Law

Question 6

What is a legislation? (4)

Answer 6

1. Act of Parliament (statute)
2. Introduced by government
3. Recommended by law commission
4. Recommended y Royal Commission

Question 7

What is delegated legislation? (3)

Answer 7

1. An enabling act eg The Building Act 1984
2. Orders in council (emergency laws in time of war etc)
3. Bye-laws - rules set by local authorities

Question 8

What is statutory interpretation? (3)

Answer 8

1. Written word is not exact form of communication
2. Judges determine the ‘intention of parliament’ If not defined
3. Judicial precedent may also apply

Question 9

What is the history of English Law? (4)

Answer 9

1. First written laws - 1066 Norman Conquest
2. English and Welsh Law based on a new system
3. Scottish law based on Roman Law
4. Judges gathered information from population and established common law

Question 10

What were historical ‘writs’? (3)

Answer 10

1. Precedents from past legal issues
2. Basis from which decisions were made
3. Starting of Case Law

Question 11

What was the resulting law that came from the writ system? (3)

Answer 11

1. Law of Equity
2. About conscience, emotion
3. About discretion

Question 12

What did equity and case law evolve into? (3)

Answer 12

1. Equity and common law (current)
2. Common Law - certainty
3. Equity - discretionary

Question 13

Map out the Division of Courts of Law

Answer 13

1. Supreme Court
2. Court of Appeal
   Criminal Division
   Crown Court
   Magistrates Court
   Civil Division
   Tribunals
   County Court
3. High Court
   Queen’s Bench Division Administrative Court
   Technology and Constuction Court (TCC)
   Family Division
   Tribunals
   County Court
   Chancery Division