Chapter 1 Key Points Flashcards
What does public law include
constitutional law
administrative law
criminal law
what does private law include
law of contract
law of torts
law of trusts
law of property
law of succession
family law
what are the main sources of new law
legislation
judicial precedent (case law)
local custom
legal books
treaties
what is legislation
law created by Parliament
includes statutes, statutory instruments and other forms of delegated legislation
what are the rules to assist in the interpretation of statutes
interpretation act
the literal rule
the golden rule
the mischief rule
what is a precedent
a decision in a previous legal case where the facts were similar to the case before the court
what is the ratio decidendi of a case
based upon the material facts of the case, the decision of the judge and the reasons for the decision
what is binding precedent
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
what determines whether a precedent is binding or not
the level of the court in which the decision was made, the court hierarchy determines which courts decisions are binding on other courts
what was the ECA 1972 repealed by
European Union (Withdrawal) Act 2018 (‘EUWA’)
what is the retained EU law a part of
UK domestic law, but the UK may amend these rules
What do pre-action protocols list
actions that both parties to a dispute are required to take before legal action is started
what happens if a case is not settled during the protocol period
it may be issued at court
what is the small claims track
for cases under £10k or for personal injury claims with a general damages element of less than £1.5k or housing disrepair of less than £1k
what is the fast claims track
for cases not over £25k
what is the multi claims track
for cases over £25k or more complex cases
what is a part 36 offer/payment
an attempt to force the other party into a compromise
may be cost consequences if it is not accepted
what are the two general categories that the law divides persons into
natural persons
juristic persons (corporations)
which persons do special rules apply to
minors
persons lacking mental capacity
bankrupts
what are the two types of corporation
corporations sole
corporations aggregate
what are corporations sole
a legal person representing an official position which will be occupied by a series of different people (e.g. the monarch)
what are corporations aggregate
a legal person consisting of a number of people
how may corporations aggregate be created
by royal charter, private act of parliament or by registration under the companies acts
what are unincorporated associations
groups of people who have not been incorporated in the same way as corporations
they range in size and importance
what is the literal rule
takes precedence over the others
ordinary rules of grammar, punctuation and word meanings should be applied, the courts will not try to establish whether this represents what parliament intended when the legislation was passed
what is the golden rule
where the meaning of a statute would lead to an absurd result and there is an alternative interpretation which avoids the absurdity, the courts are entitled to choose the latter meaning and to assume that parliament did not intend the absurdity
what is the mischief rule
the judge will consider the meaning of the words in an act and choose the interpretation which makes the act effective in suppressing the mischief
what is the noscitur a sociis rule
a general principle that a word must be determined by its context
what is the ejusdem generis rule
the meaning of any general term depends upon any specific words which precede it
what are statutory instruments
regulations and orders made by ministers
