Chapter 1- law and legal systems Flashcards
What is public law concerned with
With the legal structure of a state in relationship between the state and individual members of the community
What is constitutional law concerned with
With the structure of the main institutions of government and their relationship to each other
What does constitutional law consist of
The making of treaties with foreign states and
The monarch, members of parliament, Government ministers, The judiciary, The civil services and the Armed Forces
What is administrative law concerned with
Illegal relationship between private citizens and the various agencies of local and central government
What falls under administrative law
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
What is criminal law law concerned with
The control of behaviour which harms of threatens of peace as ability of the community
What does private law govern
The relationships between legal persons such as individuals businesses and other organisations
What are the six branches a private law
Law of contract Law of torts Law of trusts Law of property Law of succession Family law
What is an adversarial system
Where the role of the court is not to investigate but simply to listen to the evidence presented by two sides and then give judgement from one side or the other
In civil proceedings what does the claimant have to prove
The burden of proof proving his case on the balance of probabilities
What are the five principles of the rule of law
The power is exercised by politicians and officials must have a proper foundation based on an authority given to them by law
The law generally should be reasonably certain and predictable
People should be treated equally by the law
No one should be punished or deprived of their property status all the rights
Every person should have the right of access to the courts
What are the three things that equity has given to our legal system
The law of trusts
Specific performance
Injunction
What can recent legislation also be known as
Statute law
What can act of parliament do
Create entirely new law
Overule what already exists
Modify or extend existing principles of common law or equity
Repair or modify existing statute law
What is an example of a public act
A public act is one which contains laws affecting the whole community such as the fifth act which are part of the general criminal law
What is an example of a private act
A private act is passed the benefit of a particular individual organisation or group. Act include the Lloyds act 1882 and insurance brokers act
What is a consolidated act
It repairs or previous legislation on a subject and re-enact it in one logically arranged statute.
No New law is created but existing statutory enactment abroad under one umbrella
What are two examples of consolidating act
The Road traffic act 1988
European Parliament and Council directive
What is a codifying act
Where the government decide not I need to consolidate different legislation on a particular topic but to include also principles in bodied in caselaw.
As a result most or in some cases is reduced to a single code
What are the four examples of a codified act
Bill of exchanges act
The partnership act
The sale of goods act 1979
The marine insurance act
Who is responsible for the consolidation and revision of statute law
Law commission act
What two examples are given to the law commission act and their program of reform codification and Consolidation
CIDRA
IA 2015
What is a retroactive legislation
It affects the right done alright required before it came into effect
What are enabling Acts
a statute empowering a person or body to take certain action, especially to make regulations, rules, or orders
