1 English Legal System

Question 1

What are the 3 types of law?

Answer 1

• Common and equity law
• Private and public law
• Criminal and civil law

Question 2

What is common law based on?

Answer 2

• Developed from local customs
• Introduced the system of precedent
• Only remedy is damages
• Rigid and inflexible

Question 3

What is equity law based on?

Answer 3

• Developed by party that felt common law had led to injustice
• More flexible
• Introduced new discretionary remedies e.g. Injunctions
• It is based on fairness

Question 4

What is the purpose of civil law?

Answer 4

Settle disputes between individuals

Question 5

What is the purpose of criminal law?

Answer 5

Enforcement of particular behaviour which acts to ensure compliance.

Question 6

Who is criminal law brought by?

Answer 6

The name of the crown

Question 7

Who is civil law brought by?

Answer 7

The claimant

Question 8

What is the object of criminal law?

Answer 8

Regulate society by the threat of punishment

Question 9

What is the object of civil law?

Answer 9

Financial compensation

Question 10

What are the main civil courts?

Answer 10

• Supreme Court
• Court of appeal
• High court of justice
• Magistrates court
• County court

Question 11

What tracks are in the three track system?

Answer 11

• Small claims track
• Fast track
• Multitrack

Question 12

What is the small claims track?

Answer 12

Claims up to £10,000

Question 13

What is the fast track track?

Answer 13

Claims between £10,000 and £25,000 and no longer than a day

Question 14

What is the multitrack track?

Answer 14

Claims over £25,000

Question 15

What tracks does the county court deal with?

Answer 15

• All small claims
• Most of fast track
• Some of the multitrack

Question 16

What are the Criminal Courts order?

Answer 16

(Bottom to top)

• Magistrates
• Crown court
• Court of appeal
• Supreme Court

Question 17

What is the CJEU court?

Answer 17

• Deals with actions between EU and member states
• Ultimate authority of European law
• Superior to Supreme Court
• No appeal

Question 18

What is the ECtHR court?

Answer 18

• Final court relating to the HRA 1998
• Proceedings must have been exhausted in English courts
• No appeal

Question 19

What is the JPC court?

Answer 19

• Highest court of appeal
• Civil and Criminal cases
• Takes place at the Supreme Court in the U.K.
• No appeal

Question 20

What are the differences between court or tribunals?

Answer 20

Tribunal:

• Case is heard quicker
• Quicker process
• Legal aid is not available
• Less formal
• Case heard by someone with expertise in that area

Question 21

Order of Laws?

Answer 21

(Bottom to top)

• Common law
• Equity law
• Legislation
• European law

Question 22

What is a tribunal?

Answer 22

Are an alternative to using the court system to settle a dispute

Question 23

What can a precedent be?

Answer 23

Binding or non binding

Question 24

How do you decide if a precedent is binding or non binding?

Answer 24

• Hierarchy of the courts
• Ratio decidendi and orbiter dicta
• Material facts of the case

Question 25

What order do courts bind themselves?

Answer 25

Higher courts bind lower courts

Question 26

What is ratio decidendi?

Answer 26

The legal reason for the decision

Question 27

What is obliterated dicta?

Answer 27

Other statements made by judges that are persuasive not binding

Question 28

What must happen for facts of a case to make a precedent binding?

Answer 28

The material facts of both cases must be the same

Question 29

The decision of magistrates courts in criminal cases can be appealed by who?

Answer 29

The crown court and high court

Question 30

What type is criminal law?

Answer 30

Public law

Question 31

What is the literal rule?

Answer 31

Words must be given their ordinary dictionary meaning.

Question 32

What is the golden rule?

Answer 32

When literal rule gives more than one meeting, the golden rule is used to ensure that preference is given to the meaning that does not result in the provision being an absurdity.