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LWENG - ACCA > Chapter 1 - English Legal System > Flashcards

Chapter 1 - English Legal System Flashcards

1
Q

Define Law?

A

The principles and regulations established in a community by some authority and applicable to its people.
In form of legislation or of custom and polices

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2
Q

Types of law?

A
  • Common law and equity
  • Private law and public law
  • Criminal law and civil law
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3
Q

what is common law?

A
  • developed from local customs
  • introduced the system of precedent
  • rigid and inflexible
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4
Q

what is the remedy for common law?

A

damages

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5
Q

What was developed after common law?

A

Equity

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6
Q

what is equity?

A
  • developed as a petition by a party who felt the common law had led to injustice
  • more flexible
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7
Q

what is the remedies for equity law?

A

injunctions and specific performance

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8
Q

What are the 2 distinct areas of law that operate?

A

private and public

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9
Q

what are the categories within public law?

A

criminal law, constitutional law, admin law, social welfare law

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10
Q

what are the categories within private law?

A

law between individuals
- criminal law, constitutional law, family law, land law

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11
Q

what is criminal law?

A

relates to conduct of which the state disapproves and which it seeks to control

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12
Q

what is the purpose of criminal law?

A

the enforcement of particular forms of behaviour by the state, which acts to ensure compliance

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13
Q

In criminal law where is the case brought?

A

by the state in the name of the crown
Criminal case will be reported as Regina v… where Regina means the latin for ‘queen’

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14
Q

what is the burden of proof for criminal law?

A

on the prosecution

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15
Q

what is the standard of proof for criminal law?

A

guilt must be shown beyond reasonable doubt

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16
Q

what is the object of criminal law?

A

to regulate society by the threat of punishment

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17
Q

what is civil law?

A

a form of private law and involves the relationship between individuals citizens

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18
Q

what is the purpose of civil law?

A

to settle disputes between individuals and to provide remedies

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19
Q

in civil law the case is brought by who?

A

the claimant, who is seeking a remedy. The case will be referred to by the names of the parties involves in the dispute

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20
Q

what is the burden of proof for civil law?

A

on the claimant

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21
Q

what is the standard of proof for civil law?

A

liability must be shown on the balance of probabilities (lower standard of proof)

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22
Q

What is the object of civil law?

A

usually financial compensation to put the claimant in the position they would have been in had the wrong not occurred

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23
Q

What is the progress of the main English civil courts?

A

magistrates and county
high court
court of appeal
supreme

24
Q

what is the supreme court?

A

five justices of supreme court hear appeals from the court of appeal and exceptionally from the high court

25
Q

what is the court of appeal?

A

three lords justices of appeal hear appeals from the high court and county court

26
Q

what is the high court of justices?

A

one high court in first instance
queen’s bench division
chancery division
family division
each division of the high court also has a divisional court which hears appeals from other courts

27
Q

what is the magistrate’s court?

A

mainly criminal but does have civil jurisdiction

28
Q

what is the county court?

A

first instance civil claims in contract, tort, landlord and tenant, probate, and insolvency.
one district judge hears small claims. The hearing is informal and no costs are awarded.
one circuit judge hears most fast-track, and some multitrack cases

29
Q

What is the three-track system?

A
  1. small claims track
  2. fast-track
  3. multitrack
30
Q

what is the small claims track?

A

deals with simple claims valued at no more than £10,000, an informal court

31
Q

what is the fast track?

A

deals with moderately valued claims of between £10,000 and £25,000, expected to last no more than on day

32
Q

what is the multitrack?

A

deals with claims of over £25,000 and/or complex claims

33
Q

the county deals with what track?

A

small track/ majority of fast track and some multi tracks. rest go to the high court

34
Q

what is the European court of human rights ?

A

the final court of appeal in relation to matters concerning human rights. Proceedings in the English courts must have been exhausted before a case will be heard hear

35
Q

what is the judicial committee of the privy council?

A

highest court of appeal .
hears civil and criminal
proceedings take place in the supreme court

36
Q

what is a tribunal?

A

alternative to using the court system to settle a dispute

37
Q

what is an example of a tribunal?

A

employment tribunals

38
Q

who is involved in a tribunal?

A

one employment judge, 2 expert laypeople who are drawn from panels representing both sides

39
Q

what is the difference in expertise between court and tribunal?

A

court may not be heard by a specialist, tribunal will be heard by an expertise

40
Q

what is the difference in speed cost between court and tribunal?

A

court is a slower process than tribunal, legal aid may be available but if not expensive in court, tribunal is cheaper

41
Q

what is the difference in proceedings between court and tribunal?

A

court is stricter relating rules, evidence, pleading and procedure, tribunal is less formal and can be less intimidating

42
Q

what is the difference in decisions between court and tribunal?

A

courts are bound by doctrine of judical precedent, therefore make consistent decisions, tribunal not bound, risk of making inconsistent decisions

43
Q

what takes precedence over case law?

A

legislation

44
Q

within case law, what prevails over common law?

A

equity

45
Q

what is the doctrine of judicial precedent?

A

following the decisions in previous cases

46
Q

what are binding precedents?

A

they must be followed in later cases

47
Q

what are persuasive precedents?

A

the judge in a later case may choose to follow it but they are not bound to do so

48
Q

what are the 3 factors when deciding whether a precedent is binding or persuasive?

A
  1. the hierarchy of the courts
  2. ratio decidendi and obiter dicta
  3. the material facts of the case
49
Q

what is the hierarchy of the courts?

A

the precedents of higher courts bind lower courts but not vice versa

50
Q

what courts does the supreme courts bind?

A

binds all lower courts. does not bind itself

51
Q

what courts does the court of appeal bind?

A

binds all lower courts and itself in civil cases unless earlier decisions are overruled or is inconsistent with European law

52
Q

what is ratio decidendi?

A

the legal reason for the decision. capable of forming the binding precedent.
it is a statement of law which is carried down to later decisions

53
Q

what is obiter dicta?

A

statements which are not part of the ratio, they are other statements made by the judges such as hypothetical situations or wide legal principle.
persuasive rather than binding

54
Q

if the material facts of 2 cases are different will it be binding or persuasive?

A

persuasive

55
Q

a precedent is not binding where it?

A
  • has been overruled by a higher court
  • has been overruled by statute
  • was made without proper care (per incuriam)

LWENG - ACCA (1 decks)

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