Chapter 1 - Introduction to English Law Flashcards
1
Q
How Civil law is defined ?
A
Rights and duties owned by individual and organisation
2
Q
How Criminal law is defined ?
A
Law owed to society as a whole
3
Q
Common Law and Equity ?
A
Applied to whole England
4
Q
Merging Common law and equity, who merged it ?
A
The Judicature Acts 1873-75
5
Q
10 maxims of equity ?
A
- Equity will not assist a volunteer
- He who comes to equity must come with clean hands
- He who seeks equity must do equity
- Delay defends equity
- Equity looks to the intent not the form
- Equity will not suffer (permit) a wrong to be without a remedy
- Equity acts in personam
- Equity follows the law
- Equality is equity
- Equity sees as done that which ought to be done
6
Q
What are 4 Remedies ?
A
- Injunction
- Speific Performance
- Recession
- Rectiication
7
Q
Remedies : Injunction 2 types explain ?
A
Prohibitory (prevent)
Mandatory (force)