Chapter 1 - Legal principles and International Law Flashcards
Types of Law
Civil Law - Definition
Disputes between private individuals and organisations
Types of Law
Civil Law - Terminology
Claimant and defendant
Defendant found liable
Types of Law
Civil Law - Aim of legal action
Compensation
Types of Law
Civil Law - Settlement
Could be reached without court action
Types of Law
Civil Law - Standard of proof
On the balance of probability
Types of Law
Civil Law - Burden of proof
Claimant must prove
Types of Law
Civil Law - Main remedies
Damages, specific performance, injunction
Types of Law
Civil Law - Who brings the action?
Claimant
Types of Law
Civil Law - Who decides the outcome?
Judge unless set outside court than agreement between parties
Types of Law
Criminal Law - Definition
Prohibited by law
Types of Law
Criminal Law - Terminology
Prosecution and accused
Accused found guilty
Punishment
Types of Law
Criminal Law - Settlement
Court must be used
Types of Law
Criminal Law - Standard of proof
Beyond reasonable doubt
Types of Law
Criminal Law - Burden of proof
Prosecution must prove
Types of Law
Criminal Law - Main remedies
Fine or imprisonment
Types of Law
Criminal Law - Who brings the action?
The state (prosecution)
Types of Law
Criminal Law - Who decides the outcome?
Jury
Who is legislation created by?
Parliament
What is Legislation sometimes called?
Statue law
What can Parliament do regarding legislation?
- Repeal earlier legislation
- Overrule case law
- Make new law
- Codify case law
What is secondary legislation also known as?
Delegated legislation
Who creates secondary legislation?
Specialist individuals as directed by an Act of Parliament
Who creates primary legislation?
Acts of Parliament
What is case law also known as?
Common law