Chapter 1 Flashcards
Law and Legal Systems
Sources of English law
Legislation Judicial precedent (case law) Local custom Legal books and treaties European community law
What is legislation?
Law created by Parliament and includes statutes, statutory instruments and other forms of delegated legislation
What is a precedent?
A decision in a previous legal case where the facts were similar to the case before the court
Difference between public and private law?
Public law concerns the relationship between the state and its individual members
Private law concerns the relationship between the individuals themselves
Name the main branches of private law
Law of torts Law of trusts Law of property Family law Law of succession
What is ratio decidendi?
Exact reason for a decision
What is obiter dictum?
Statement made by a judge which is of persuasive authority only
Give 3 examples of legal principles or remedies derived from equity?
Law of trusts Promissory Estoppel Subrogation Contribution Special Performance Injunction
State the important types of delegated legislation
Orders in council
Statutory instruments (regulations and others made by ministers
Bye laws
Classifications and characteristics of English Law
Age and continuity Little codification Judge made law Independence of the judiciary Adversarial system No written constitution Rule of law
What is Binding precedent?
Means that the judge is obliged to follow the ratio decidendi of previous similar cases from courts higher than their own or in some cases of equal standing
When is a precedent binding?
Depends on the level of the court in which the decision was made. The court hierarchy determines which courts decisions are binding on other courts
Has European law been a major source of law for the UK
Yes European law has been a major source of law for the UK
Describe the Civil procedure rules, and which reform this arose from?
This set out a procedure that civil cases follow before and at court
Separate tracks for cases, depending on their value and complexity
Encouraging the use of alternative dispute resolution (ADR)
Giving judges more responsibility for managing cases
More use of IT
Simplifying docs and procedures
Shorter timetables for cass to reach court and for the length of trials
Woolf Reform
Criteria for small claims track
Disputes up to £10k
Except personal injury cases and housing disrepair cases where limit is usually £1000
