Chapter 1

Question 1

What is common law and what is the remedy for a successful claimant

Answer 1

Is a system of justice common to the whole country

Remedy - damages (automatic)

Question 2

What is equity and what is the remedy for a successful claimant

Answer 2

A parallel body of rules developed in England and wales alongside common law

Equity recognised and protected new rights for which common law gave no safeguards.

Remedy - alternative remedies

Question 3

Who wins between equity and common law?

Answer 3

Equity

Question 4

What is substantive law

Answer 4

The division of law that contains what are commonly known as rules or law

Question 5

What is public law

Answer 5

Contains area of law define constitution and function of the crown

Question 6

What is private law

Answer 6

Concerned with legal relationships between private law

Question 7

What are the 3 main sources of law in each of the 3 legal jurisdictions in the UK

Answer 7

Legislation, case law, European law

Question 8

True / False

Until the 19th century, case law was a primary source of English law

Answer 8

True

Question 9

What is custom

Answer 9

source of general law (not source of tax law

Question 10

What’re the 3 legal jurisdictions in the UK?

Answer 10

England and Wales, Scotland, Northern Ireland

Question 11

Scotts law is a mixed system based on…

a. Common law and equity
b. Roman law, European law and English law,
c. Roman law and common law,
d. Eurpoean law and Equity

Answer 11

b