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ILALS- MCQ prep > Case Law > Flashcards

Case Law Flashcards

1
Q

What kind of legal system is the UK?

A

Common law

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2
Q

what is equity as a source of law

A

separate to common law
laws/rules that develop from civil law.

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3
Q

How are equitable issues resolved

A

Injunctions - compelling another’s performance or cease performance
-Specific performance: compelling another to perform their obligations under a contract or trust
- Recission: returning parties to where they were before the contract began

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4
Q

Excusal of custom under common law

A

Local custom: common place acts
- act must have existed since 1189
- existed without interruption from 1189
- must have been enjoyed without force, stealth or permission
- custom must be able to be precisely defined
- must be reasonable and thought of as reasonable throughout time
- consistent with other local customs.

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5
Q

UK courts:

A

Supreme court
Court of appeal
- criminal
- civil
High Court
- KBD
-FAMILY
-CHANCERY
Criminal:
*crown court
*magistrates
CIVIL:
*county court
*family court
*tribunals

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6
Q

Supreme court

A

Final court of appeal for both civil and criminal
- created 1 october 2009
- replaced appellate HOL committee
- 12 judges
- president and deputy president
-ONLY judges legal argument

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7
Q

Court of appeal (criminal)

A

Criminal division:
hears appeal from crown court on conviction, sentencing or fact finding
does not hear from witnesses
considers legl argument
majority decisions prevails (usually sit with 3 judges but sometime 5 or 7)

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8
Q

Court of appeal (civil)

A

Appeals from:
- 3 division of high court
- county court
- certain tribunal (Employment appeal tribunal as example)
- head of court Master of the Rolls

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9
Q

High court

A

High court judges (puisne judges)
head of KBD - Lord Chief Justice
Head of Chancery - Lord Chancellor and Vice- chancellor
Family - president of Family division

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10
Q

Kings bench division

A

Criminal appeals from magistrates by way of case stated from Crown court (case stated appeals)
- handles Contractual disputes (civil)
- actions in tort (civil)
- appeal appeal from county court (civil)
ADMINISTRATIVE COURT application for judicial review: where person feels a public body decision has treated them unfairly, court will decide if body has acted lawfully, available for applicants with ‘sufficient interest’ in the matter

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11
Q

Judicial review (administrative court)

A

Lord Diplock: classification of issues brought to court:
- illegality
- irrationality
- procedural unfairness

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12
Q

Chancery division (KBD)

A

Deals with business and property disputes
Includes the Insolvency List, companies list, intellectual property enterprise court and patents court

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13
Q

Family Division (KBD)

A

Deals with cases of protecting a child who is involved in legal proceedings
- international child abduction
- forced marriage
- female genital mutilation
- applications for financial relief in divorce

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14
Q

Crown court

A

Deals with Criminal jury trials (indictment)
Cases where the magistrates declined jurisdiction
Triable either way offences where D elected trial by jury
Hears appeals from defendants against conviction and/or sentence from magistrates
Circuit judges and their deputies, recorders and their assistants and a jury for trials

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15
Q

County court

A

Complicated civil law matters
- personal injury claims
- breach of contract concerning goods or property
- bankruptcy
County court Money Claims centre: only money claims NO ORAL HEARINGs
3 track system

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16
Q

Small claims track

A

County court
- financial claims under 10,000
- personal injury claims
- residential tenant claims for landlords to carry out repairs no more than 1,000

17
Q

Fast track claims

A

County court
claims between 10,000- 25,000
limited oral evidence, 2 experts one per party

18
Q

Multi-track claims

A

County court
Claims which fall outside small and fast track.
generally used for higher financial value, more complex claims

19
Q

Family court

A

22 April 2014
all family proceedings, some exceptions

20
Q

Magistrates’ court

A

ALL CRIMINAL PROCEEDINGS BEGIN
- trial of summary offences
- applications for bail
- issues of summonses and warrants for arrest or search
YOUTH COURT: Ds under 18
- plea before venue hearings
heard by either:
- Justices of the Peace, usually sit in bench of 3
- single district judge

21
Q

Judicial Committee of the Privy Council

A

Final appeal court for UK overseas territories, Crown dependencies and for commonwealth countries
comprises of 3-5 of:
- justices of UK supreme court
- members of the former judicial committee of HOL
- Privy councillors who are or were cofa judges

22
Q

Tribunals

A

Alternative dispute resolution
less formal procedures
Faster
cheaper
usually less need for legal representation
allows for expert knowledge
Governed by Tribunals and Inquiries Act 1992

First - tier tribunal created by TRIBUNALS COURTS AND ENFORCEMENT ACT 2007 Divided into chambers

23
Q

What are the chambers of the first- tier tribunal

A

Created by s3 of Tribunals, courts and enforcement act 2007
- General regulatory chamber
-Social entitlement chamber
- Health, Education and social care chamber
- war pensions and armed forces compensation chamber
- tax chamber
- immigration and asylum chamber
- property

24
Q

what are summary offences?

A

ONLY dealt with in the magistrates court
driving offences

25
Q

triable either way offences

A

offence that can be heard either in magistrates or crown court
Plea before venue: D enters guilty or not guilty plea.
If D chooses guilty magistrates will sentence IF they feel the case warrants more severe punishment that they cannot do
If D chooses not guilty ‘mode of trial’ hearing. Where they will assess the case and decide if they have jurisdiction if they do they will sentence if they dont sent to crown court

26
Q

What is an indictable offence

A

Tried in Crown court
Most serious offences
trial by jury if D pleas not guilty

27
Q

Becoming lay magistrate

A

No legal qualifications required
6 key qualities:
- good character
- understanding and communication
- social awareness
- maturity and sound temperment
- sound judgement
- commitment and reliability

28
Q

Inquisitorial legal system

A

Where the courts are actively involved in investigating the case
Pre trial proceedings
Interrogation

29
Q

Adversarial legal system

A

Role of the courts is merely to ensure parties are operating properly and according to regulation standards

30
Q

What kind of law is civil law

A

Private law and involves relationships between individuals

31
Q

What is a green paper

A

Consultation document

32
Q

What is a white paper

A

Policy documents that set out future proposals

ILALS- MCQ prep (8 decks)

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