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)