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
With enabling access rules made under these acts are know also as
Delegated legislation
What are the three most important forms of delegated legislation
Statutory instruments
Orders in Council
Bylaws
Is statute law subject to influence by the judiciary
Yes
What are the three statutory aids for interpretation of statutes
The interpretation act 1978
Acts of Parliament often contain an interpretation section in which most important words and phrases are given a precise definition
Acts of Parliament have a preamble along title set out the general scope and purpose of the act
Under statutory aids what is interpretation act 1978
Leysdown certain rules of interpretation which apply to statute law generally
Were due to the singular are deemed to include the plural and vice versa
The use of a masculine gender include the feminine and vice versa
The term person is deemed to include artificial entities such as companies as well as human beings
What are the three common law rules of interpretation
Literal rule- primary rule
Golden rule
Mischief rule
What does the doctrine of binding precedent do
Requires a judge to base our decisions on the law established in earlier cases for the facts were the same
What three things are the ratio decidendi based on
The material facts of the case
The decision of the judge or judges
The reasons for decisions
Is the beta dictator persuasive and have influence on future cases
Yes
What are the four persuasive precedent and authorities
Decisions made in lower courts or courts of equal standing
Decisions of courts outside the English system for example the privy council
Obiter Dicta
Textbooks learned treaties and the law or other jurisdictions
What are the four institutions of the European Union
Council
Commission
European Parliament
Court of Justice
What are the six sources of European law
The treaties especially the treaty of Rome Regulations Directives Decisions Recommendations Opinions
Which court should defamation action is to be started
High Court
Civil damages may not start in a High Court unless The value of the claim is more than what
100k
Proceedings which include a claim for damages in respect of personal injuries was not be started in the High Court unless the value of the claim is more than what
50k
