Ch 1: Legal System Flashcards
What is the most important source of English Law
Legislation/Statute
What is the difference between Legislation and Statute?
Statute is an Act of Parliament, Legislation is a generic term which includes delegated legislation and EU legislation
What is a Green Paper and a White Paper?
A green paper is a consultation document for a new law.
A white paper incorporates firm proposals for the new law
How many readings must a bill go through to become an act of parliament?
3
First reading is a formality
Second reading is the main debate
Third reading follows committee review and reporting
When does a Bill formally become an Act of Parliament?
After Royal Assent only
Does a Bill need House of Lords approval?
No - by law the Monarch may grant Royal Assent based only on House of Commons (though very rare)
What is the Doctrine of Parliamentary Supremecy?
Only Parliament can make or unmake a law.
Parliament has the freedom to make laws of any kind.
Statute cannot be overridden by any body outside Parliament.
What are the Forms of Primary Legislation?
Private Statutes - limited in scope
Public Statutes - society wide
What are types of Secondary Legislation?
Statutory Instruments - made by Govt Ministers
By-Laws - made by local authorities
What is the difference between Consolidation and Codification?
Consolidation reenacts law that was contained in separate statutes into one. It does not change the law.
Codification is the bringing together of ALL law on a subject including common law and custom into a new statute. It may change the law in the process.
What is Delegated Legislation?
A Parent Act may create a framework but delegate power to add detailed provisions to others. These provisions are delegated legislation.
What is the difference between Public and Private Law?
Private Law concerns the private relationship between individuals (including companies).
Public Law concerns the relationship between the State and Individuals.
What is the difference between Criminal and Civil Law?
Criminal Laws co concern the relationship between an individual and the community as a whole.
Civil Laws concern the relationship between individuals.
What is Law?
A law must set out a standard of acceptable behaviors, reflecting the view of the majority of a population
What are two common Equitable Remedies used today?
- Injunctions against certain actions
- a Decree of specific performance
