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M05 Revision > Chapter 1 - Law and Legal Systems > Flashcards

Chapter 1 - Law and Legal Systems Flashcards

1
Q

A basic distinction of law is often made between which two types of law?

A

Public law and Private law

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2
Q

What is Public law concerned with?

A

Public law is concerned with the legal structure of the State & the relationship between the State & individual members of the community.

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3
Q

What 3 types of law does Public law include?

A

Constitutional law, Administrative law & Criminal law.

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4
Q

What is Constitutional law concerned with?

A

Constitutional law is concerned with the structure of the main institutions of government and their relationship to each other, including the relationship between the two Houses of Parliament in the UK and that between central and local government.

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5
Q

What is Administrative law concerned with?

A

Administrative law is concerned with the legal relationship between private citizens and the various agencies of local and central government, and the impact of their activities on ordinary individuals.

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6
Q

What are some examples that fall within the area of Administrative law?

A
  • Questions of local rating
  • Taxation and compulsory acquisition of land
  • The powers of local boards and authorities in relation to highways
  • Health and education
  • The granting of licenses for various trades and professions.
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7
Q

What is Criminal law concerned with?

A

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

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8
Q

What does Private law govern?

A

Private law governs the relationships between legal persons such as individuals, businesses & other organisations.

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9
Q

What are some of the most important branches of Private law?

A
  • The law of contract
  • The law of torts
  • The law of trusts
  • The law of property
  • The law of succession
  • Family law
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10
Q

What is Private law more commonly known as?

A

Civil law.

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11
Q

Which 2 areas of Private law are most applicable to insurance?

A
  • Law of torts
  • Law of contracts
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12
Q

What are the 7 Characteristics of English law?

A
  • Age and Continuity
  • Little codification
  • Judge-made law
  • Independence of the judiciary
  • Adversarial system
  • No written constitution
  • Rule of law
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13
Q

Are there any examples of cases and statutes in English law that date back more than 500 years?

A

The old cases of trespass.

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14
Q

How long has English law been developing without interruption?

A

900 years.

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15
Q

What is little codification?

A

A legal code is a systematic collection of written laws organized to prevent inconsistency and overlap.

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16
Q

Has English law undergone codification?

A

Yes, certain parts of English law have been codified.

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17
Q

Which areas of English law have been codified?

A

Codification of English law has occurred primarily in areas such as criminal law, partnerships, sale of goods, bills of exchange, and marine insurance.

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18
Q

What impact do the decisions of judges in superior courts have on English law?

A

The decisions of judges in superior courts have had, and still have, a significant influence on the growth and development of English law.

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19
Q

How does the function of a judge differ in England compared to many other countries?

A

In many other countries, judges primarily interpret and apply statutory codes of law, whereas in England, the system of binding precedent allows judges’ decisions to become part of the law itself.

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20
Q

What is the significance of the system of binding precedent in English law?

A

The system of binding precedent allows the law on a particular subject to adapt and evolve through a series of decisions made by judges.

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21
Q

How are judges appointed in England and Wales?

A

Judges are appointed by the monarch based on the recommendation of the Lord Chancellor.

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22
Q

What is the Judicial Appointments Commission?

A

The Judicial Appointments Commission is an independent commission responsible for selecting and recommending candidates for judicial positions in courts and tribunals in England and Wales.

23
Q

When was the Judicial Appointments Commission established and under what legislation?

A

The commission was established on April 3rd, 2006, under the provisions of the Constitutional Reform Act 2005.

24
Q

In the English legal system, A Civil court case is essentially a contest between which two sides?

A

Claimaint (Plaintiff) and the Defendant

25
Q

In the English legal system, A Criminal court case is essentially a contest between which two sides?

A

Prosecution and the Defence

26
Q

What is the composition of the court?

A

The court typically comprises a judge or judges, occasionally accompanied by a jury, which consists of twelve ordinary citizens tasked with delivering a verdict based on the evidence presented.

27
Q

What is the stance of the court?

A

The court maintains neutrality, acting as an impartial entity in legal proceedings.

28
Q

What is the primary function of the court?

A

The court’s primary function is not investigative; rather, it is to attentively consider the evidence presented by both parties and subsequently render judgment in favour of one side or the other, adhering to the principles of the adversarial system.

29
Q

What burden does the claimant carry in civil proceedings?

A

In civil proceedings, the claimant is responsible for proving their case on the balance of probabilities, indicating that it is more likely than not that their claims are true.

30
Q

How is guilt established in criminal proceedings?

A

In criminal proceedings, guilt must be proven “beyond reasonable doubt.” This standard necessitates the court to be entirely convinced of the truthfulness of the prosecution’s allegations before the defendant can be convicted.

31
Q

In England, which courts utilize an inquisitorial procedure?

A

The only courts in England employing an inquisitorial procedure are Coroners’ Courts, tasked with investigating cases of violent, unnatural, or suspicious deaths.

32
Q

When did the Civil Procedure Rules come into force?

A

The Civil Procedure Rules came into force in April 1999.

33
Q

What principle does English law follow regarding freedoms?

A

In England, there is simply freedom to do anything that is not specifically prohibited by law.

34
Q

What is the “Rule of law” in the United Kingdom?

A

The “Rule of law” in the United Kingdom is an unwritten constitutional concept that encompasses several principles.

35
Q

What principles are generally associated with the “Rule of law”?

A
  • Powers exercised by politicians and officials must have a proper foundation based on authority given by law, related to the separation of powers.
  • Laws should be reasonably certain and predictable.
  • Equality before the law, without unfair discrimination.
  • Fair hearing by an impartial court or tribunal before punishment or deprivation of rights.
  • Right of access to courts to defend liberties and freedoms of individuals.
36
Q

Which two changes in the way we live makes the law continually develop?

A

Social Changes & Technological Changes

37
Q

What are the two main sources of new law?

A

Legislation & Judicial precedent (Case law)

38
Q

What are the two minor sources of new law?

A

Local custom & Legal books & treaties

39
Q

What is the only body in England that has powers to make general legal rules?

A

Parliament

40
Q

What does the the Parliament consist off?

A

House of commons, House of lords & the Monarch as a (Formality)

41
Q

What is a public act?

A

Contains law affecting the whole community such as theft acts

42
Q

What is a private act?

A

Passed for the benefit of a particular individual or organisation/group.

43
Q

What is the difference between private law and public law?

A

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

44
Q

Name the main branches of private law?

A

Law of contract, law of torts, law of trusts, law of property, family law, law of
succession.

45
Q

Explain the term ratio decidendi?

A

Ratio decidendi is the exact reason for a decision

46
Q

Explain the term Obiter Dictum?

A

obiter dictum is a statement made
by a judge which is of persuasive authority only.

47
Q

What are the 6 examples of legal principles or remedies derived from equity?

A
  • law of trusts generally;
  • promissory estoppel;
  • subrogation;
  • contribution;
  • special performance;
  • injunction.
48
Q

What are the important types of delegated legislation?

A

Orders in council; statutory instruments (regulations and orders made by ministers);
bye-laws.

49
Q

What are the three rules of statutory interpretation?

A
  • literal rule;
  • golden rule;
  • mischief rule.
50
Q

What are the two types of legal person?

A

Natural persons and juristic persons (or corporations).

51
Q

What do the Civil Procedure Rules, arising out of the Woolf reforms, establish?

A

The Civil Procedure Rules set out the procedure that civil cases follow before and at court.

52
Q

What happens if a case is not settled during the protocol period?

A

If the case is not settled during the protocol period, it may be issued at court.

53
Q

What is a Part 36 offer in civil litigation?

A

Either party may make an offer of settlement to the other party; if the offer is made as a Part 36 offer or payment, there may be cost consequences if it is not accepted.

54
Q

How is the legal profession divided?

A

The legal profession is divided into solicitors and barristers.

M05 Revision (21 decks)

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