1: The Nature of Law in the UK Flashcards
Define common law
Common law is a system of justice common to the whole country.
What are the difference in remedies between common law and equity?
Common law remedy more generally awards monetary compensation (damages) for their loss. (aka automatic remedies)
Equity seeks alternative remedies such as ‘specific performance’ (for example, an obligation to perform an act) or abstain from wrongdoings.
What is the interaction between equity and common law? (2)
Equity does not substitute common law
Instead, adds and improves upon common law.
Where can common law and equity now be dealt with at the same time in the same court?
The Senior Courts of England and Wales
Previously known as The Supreme Courts of Judicature
What is the difference between common law and equity in Scots law
There is none
What are the three phases of Scots law?
- Medieval phase
- Classical age
- Modern Phase
Until the 19th century, the primary source of English law was…
Case law
Scots law is a mixed system based on…
English, European and Roman law
Where common law and equity conflict, the generul rule is that _______ shall prevail.
Equity
Custom is a source of 1.______ law but not of 2.______ law
- general
2. tax
What are the three main sources of law in the UK?
- Legislation (written law)
- Case law
- Law of EU
What are the three legal jurisdictions in the UK?
England and Wales, Scotland, Northern Ireland
For ‘England and Wales’, think ICAEW
What are the two alternative remedies from equity?
- Injunction
- Specific peformance
The UK acts for its dependencies in respect of nationality, defence and foreign policy only. What 2 lands are these?
Isle of man and Channel Islands.
These are both crown dependancies of the UK.
In 1875 the jurisdictions of which law courts were transferred to the Supreme Court of Judicature?
- Common law courts
- Court of chancery
