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MO5 > Chapter 1 - Law and Legal Systems > Flashcards

Chapter 1 - Law and Legal Systems Flashcards

1
Q

What is the difference between English Law and Civil Law?

A

English Law is used in the UK, the USA, Canada and other common wealth states. Civil Law was influenced by Roman Law and is used widely throughout continental Europe.

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2
Q

What is Public Law?

A

Public law is concerned with the legal structure of the state and relationships between the state and individual members of the community. It is made up of constitutional law, administrative law and criminal law.

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3
Q

What is Constitutional Law?

A

This is concerned with the structure of the main functions of government and their relationship to each other.

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4
Q

What is Administrative Law?

A

Concerns itself with the legal relationship between private citizens and the various agencies of local and central government. This can include taxation, local rating and land queries.

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5
Q

What is Criminal Law?

A

This is concerned with the control of behaviour which harms or threatens the peace and stability of the community.

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6
Q

What is Private Law?

A

Governs the relationships between legal persons such as individuals, businesses and other organisations.

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7
Q

What are the most important branches of private law?

A
  • Law of Contract
  • Law of Torts
  • Law of Trusts
  • Law of Property
  • Law of Succession
  • Family Law
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8
Q

What are the main characteristics of English Law?

A
  • Age and Continuity - English law is over 900 years old.
  • Little Codification - Minor overlapping and inconsistencies in law.
  • Judge-made law
  • Independence of the judiciary - Judges are appointed by the monarch on the recommendation of the Lord Chancellor.
  • Adversarial system - Role of the court is to remain impartial and to listen to the evidence provided. The inquisitorial system is the opposite of this.
  • No written constitution - In England there is a simply freedom to do anything that is not specifically prohibited by law.
  • Rule of law - Unwritten of of rights / Constitution
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9
Q

What is Common law?

A

A system of rules which applied throughout the country

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10
Q

What arose from the development of common law?

A

Equity

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11
Q

What was a result of the Earl of Oxfords case in 1616?

A

If their is a conflict between common law and equity, equity should prevail.

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12
Q

What two factors influence law?

A

Social and Technological changes

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13
Q

What are the two main sources of new law?

A
  • Legislation
  • Judicial Precedent
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14
Q

What does parliament consist of?

A
  • House of Commons
  • House of Lords
  • The Monarchy
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15
Q

What is legislation sometimes called?

A

Statute law

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16
Q

What is a ‘Green-Paper’ used for?

A

This is used to consult interested parties and the public regarding a new law.

17
Q

What is a ‘White-Paper’ used for?

A

Published giving advanced notice of more definite proposals.

18
Q

What is the difference between public and private bills?

A

Public bill affects the whole community whereas private bills only affect an individual or group.

19
Q

What is the procedure for the enactment of public bills?

A

First reading - largely a formality - Clerk of house reads out the bill and it is then published.

Second reading - General merits of the bill are debated in the house and a vote is taken as whether it should proceed.

Committee stage - If it passes second reading it passes to the committee stage.

Report stage - The bill as amended by the committee is reported to the house as a whole.

Third reading - Offers a final opportunity for debate.

20
Q

What does codifying and consolidating acts also mean?

A

Tidying up the law

21
Q

What is a consolidating act?

A

One which repeals previous legislation on a subject and re-enacts it in one logically arranged statute.

22
Q

What is the law commission responsible for?

A

The reform and modernisation of the law

23
Q

What is retroactive legislation?

A

Legislation which affects acts done or rights acquired before it came into affect.

24
Q

What is meant by ‘history of precedent?’

A

A Precedent is a decision in a previous legal case where the facts were similar to the case before the court .

25
Q

What does Ratio Decidendi mean?

A

a key factual point or chain of reasoning in a case that drives the final judgment

26
Q

What does Obiter dicta mean?

A

Statements made by a judge which are not essential to the decision.

27
Q

What is reversing and overruling?

A

Reversing is where a decision in court is overturned via appeal. Overruling is where a superior court overrides a decision already made.

28
Q

What is disapproving and distinguishing?

A

Disapproving is when a court offers an opinion that an earlier case is wrongly decided but has no power to overturn it. Distinguishing is where a court declines to follow a previous decision on the grounds there a important differences in the case.

29
Q

What are the strengths of precedent?

A
  • Provides certainty for persons as to their rights and liabilities.
  • Provides certainty
  • Allows for the possibility of development and growth.
  • Flexibility in the law through distinguishing
30
Q

What are the negatives of precedent?

A
  • Once a decision is made it can lead to rigidity in the system.
  • Can be difficult to navigate due to the bulk and complexity of the system.
  • Can be slow and obscure
31
Q

What can be used to make the system of precedent run smoothly?

A

Law Reports.

32
Q

What are the four main institutions of the European Union?

A
  • Council
  • Commission
  • European Parliament
  • Court of justice
33
Q

What are the three main types of disputes in the insurance industry?

A
  • Between Insurer and policyholder.
  • Between Insurers.
  • Policyholder / Insurer and 3rd party.
34
Q

What are the three tracks for defending claims?

A
  • Small claims track - used for dispute sup to £10,000
  • Fast Track - straightforward claims that are up to £25,000
  • Multi Track - not straightforward and over £25,000
35
Q

What is a Part 36 offer and payment?

A

Rules which govern offers and payments for settlements outside of court.

36
Q

What are the four different forms of litigation funding?

A
  • Conditional fee agreements -
  • Damages based agreements - Lawyer takes a cut of payout
  • Fixed fees
  • Third party funding
37
Q

What is the difference between public and private law?

A

Public law concerns the relationship between the state and its individual members. Private law concerns the relationship between the individuals themselves.

38
Q

Give 3 examples of legal principles or remedies derived from equity

A
  • Laws of trusts
  • ## Promissory estoppel

MO5 (12 decks)

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