1. Law: Structure of Law | Common Law, Equity Law & Statute Law | International Law & Subordinate Legislation Flashcards
What are the 4 main sources of law?
- Common Law
- Statute Law
- Judicial Precedent & Case Law
- European & International Laws
What is Common Law?
is a body of unwritten law based on legal precedents made by the courts
When is Common Law needed?
when the outcome of a case cannot be determined based on existing statutes or written rules of law
Which branch makes Common Law?
the judicial branch & their judges create & shape the common law
What branch of law is administered concurrently with common law?
Equity Law
equity law is concerned with what?
fairness and justice (it just makes things more fair)
Give 3 examples of equity law
- Imposing a lien
- Correcting a property line
- Ordering a person to do something to prevent damage
What is Statute Law?
the written body & principles of law
written as statutes
approved by Parliament
given royal ascent by the Monarchy
A statute or an Act is?
- a bill that has been approved by Parliament & given Royal assent by the Monarch
- written laws
A statute typically does what 3 things?
Command or prohibit something or declare policy
Statutes always begin as
a bill
public bill
private bill (doesn’t effect the public)
What is a bill?
is a proposal for a new law or to change an existing law
Statutes are also known as
Acts
What activity has to happen before Parliament for the Monarchy to be able to give a bill Royal Assent?
Debate the bill
Who can introduce a new Bill to be debated before Parliament?
- The Government
- Lords
- Individual MPs
When a bill finally becomes enacted by law what 2 things can it now be called?
An Act of legislature or a statute
What is Judicial Precedent?
is when a judge uses previous decisions of the court where the facts are of sufficient similarity
What is Case Law?
- Are laws created by the courts
2. Not by Parliament
What institution is responsible for creating European law?
European Commission
How does the European Commission bring about European law?
it consults with the Government departments of each member state & then submits to the European council a proposal for regulation or directive
Who does the European Commission submit a proposal to?
European council
What does the European Council do?
it decides the overall political directions & priorities of the European Union
What is a regulation?
it’s a legal act of the European Union that becomes immediately enforceable by law in all member states at the same time & it overrules national laws
Can a member state vary from regulation?
no, a regulation must be carried out identically in each member state
An example of regulation is
EU Driver’s Hours & Tachograph rules
What is a directive?
an objective that all EU countries must reach & integrate into their national legislation within a set time frame
Since the withdrawal from the EU what has happened to the laws that were in place at 31st Dec 2020?
now a part of UK Domestic law
What has to happen for International law to become law in the UK?
has to become a part of UK domestic law first before it becomes laws
same for EC directives
Give an example of an international agreement still in place today that was made before the UK joined the EU?
the convention of the International Carriage of Goods by Road (CMR Convention)
