1 English Legal System Flashcards
What is the definition of law?
The principles and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognised and enforced by judicial decision
What are the several types of law?
Common law and equity
Private law and public law
Criminal law and civil law
What has english law been described as?
Common law system
What was common law developed from?
Local customs
What did common law introduce?
A system of precedent
What is remedy of common law?
Damages
What is common laws characteristics?
Rigid and inflexible
Why was equity developed?
As a petition by a party who felt the common law had led to injustice
What is equity more than common law?
Flexible
What did equity introduce?
New discretionary remedies ie injunctions and specific performance
What is equity concerned with?
Fairness
What do private and public law aim to do?
Create social order
What categories are in public law?
Criminal law, constitutional law, administrative law, social welfare law and deal with matters relating to the whole country
What categories are in private law?
Contract law, family law and other areas which deal with intellectual property rights, land law, probate and company law
What does criminal law relate to?
The conduct of which the state disapproves and which is seeks to control
What is civil law?
A form of private law and involves the relationships between individual citizens
What in the purpose of criminal law?
The enforcement of particular forms of behaviour by the state which acts to ensure compliance
What is the purpose of civil law?
To settle disputes between individuals and to provide remedies
Who is the case brought by in criminal law?
By the state in the name of the crown
How are criminal cases reported?
As Regina v …. (Regina meaning queen)
Who is the burden of proof in criminal law?
On the prosecution
Who is the case bought by in civil law?
Claimant
Who is the burden of proof with in civil law?
On the claimant
What is the standard of proof in criminal law?
Guilt must be shown beyond reasonable doubt (high)
What is the standard of proof in civil law?
Liability must be shown on the balance of probabilities (low)
What is the object of criminal law?
To regulate society by the threat of punishment
What is the object of civil law?
Usually financial compensation to put the claimant in the position if the wrong doing had not occurred
What is a magistrates court?
Jurisdiction is mainly criminal but does have a civil jurisdiction
In a magistrates court, what is covered in the civil jurisdiction?
Contact orders, adoptions and maintenance
What is a county court?
First instance civil claims
In the county court, who hears small claims?
One district judge
What is the outcome of small claims in county court?
Informal and no costs are awarded
In the county court, who hears fast track and some multitrack cases?
One circuit judge
In the high court, what type of judge is it in the first instant?
One high court judge
What are the three divisions in the high court of justice?
Queens bench division, chancery division, family division
What does the queens bench division cover?
Hears first instance cases or contract and tort
What does the chancery division deal with?
Land law, trusts, company law, partnership law, insolvency etc
What does the Chainey division hear appeals from?
County courts on probate and insolvency
What does the family division deal with?
Matrimonial cases
What forms the court of appeal?
Three lords justices of appeal
What type of appeals does the court of appeal deal with?
High court and county courts
What makes up the supreme courts?
Five justices of Supreme Court
What type of appeals does the Supreme Court hear appeals from?
Court of appeal and exceptionally from the high court
What is the small claims track?
Deals with simple claims valued at no more than £10,000 an informal court
What is the fast track?
Deals with moderately valued claims of between £10,000 and £25,000 expected to last no more than one day
What is the multitrack system?
Deals with claims over £25,000 and/or complex claims
How is a crown court made up?
Presided over a judge, and case will be shared before a jury
How does the magistrates court deal with summary offences?
Decides whether guilty of the offence and imposes a penalty
How does the magistrates court deal with indictable offences?
Trial by jury, magistrates will conduct committal proceedings to make sure the defendant has a case to answer
What is the magistrates court presided over?
Lay magistrates (normally three) District judge sitting alone
Where do appeals on question of facts go to?
Crown court
What do appeals of questions of law go to?
High court
Who can appeal questions of law?
Prosecution and the defence
What does the court of justice of the European Union deal with?
Deals with actions between EU institutions and the member state
Who refers the court of justice of the European Union?
National courts
What is the European court of human rights?
The final court of appeal in relation to matters involving HRA 1998
When will proceedings be heard in the European court of human rights?
Proceedings in the English courts must have been exhausted
What is the judicial committee of the privy council?
The highest court of appeal for a number of the commonwealth countries, crown dependencies and UK overseas territories
What cases does the judicial committee of the privy council hear?
Both civil and criminal appeals
How are employment tribunals established?
One employment judge pus two expert laymen who are drawn from panels representing both sides of the industry
Appeals to the employment tribunal can only be made on what?
A point of law
What is the employment appeal tribunal made up of?
One high court judge, plus two or four expert layman
Case law can be subdivided into what?
Common law and equity
What is the doctrine of judicial precedent?
The system, adopted by the judges of following the decisions in premises cases
