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A-level Law 👩🏿‍⚖️ > Civil Courts And Other Forms Of Dispute Resolution 🤺 > Flashcards

Civil Courts And Other Forms Of Dispute Resolution 🤺 Flashcards

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1
Q

What are the 4 sources of law?

A

Acts of parliament

Judicial precedent

Delegated law

European law

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2
Q

What are the acts of parliament?

A

Made up of the House of Commons and House of Lords

House of Commons - elected by counties

House of Lords - lords and peers appointed by politicians for power or expertise

Gov- party with majority of MPs

Makes laws like - equality act 2010

Need stamp of approval by monarchy for law to be enforced

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3
Q

Who makes primary laws?

A

Parliament

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4
Q

What are primary laws ?

A

Main source of law making

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5
Q

What is judicial precedent?

A

Laws made by judge - murder
negligence

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6
Q

What is delegated law

A

When parliament give the power of law making to local councils public corporations ministers ect

Coronavirus act 2020

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7
Q

What is European law?

A

Law made by the EU for EU binding countries

Eg. Free movement

Compensation for flight delays

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8
Q

What are the 3 types of public law ?

A

Constitutional

Administrative

Criminal

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9
Q

What is constitutional law? + eg

A

Where power lies within the state

Bill of right

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10
Q

What is administrative law?

A

Law which governs how the government works

Eg social security

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11
Q

What is criminal law?

A

A system of law concerned with the punishment of criminals and the rules surrounding

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12
Q

What are the 4 types of private law?

A

Contract
Tort
Family
Evidence

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13
Q

What is Contract law?

A

Legal binding agreement

Eg. Buying something

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14
Q

What is Tort law?

A

A civil wrong doing causing the claimant loss/harm

Eg. Negligence

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15
Q

What is Family law ?

A

Law surrounding the family

Divorce
Adoption
Inheritance

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16
Q

What is company law?

A

Law on the rights and conduct of a business or organisation

How to merge
Debt

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17
Q

What is evidence law ?

A

Laws surrounding info giving in by court

Eg.witnesses

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18
Q

What does hearsay mean?

A

This person said this

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19
Q

What are the parties in criminal law ?

A

Prosecution V. Defence

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20
Q

What are the parties in civil law ?

A

Claimant V defence

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21
Q

What is the purpose of criminal law?

A

To punish wrongdoing

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22
Q

What is the purpose of civil law?

A

to solve a dispute

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23
Q

Who starts the case in criminal law?

A

Prosecution

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24
Q

Who starts the case in Civil Law?

A

The claimant

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25
Q

Where is the first trial heard at in civil law?

A

County or High court Depending on how your claim is

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26
Q

Where is your first trial heard at in criminal Law?

A

Magistrates court 

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27
Q

What is the verdict in criminal law?

A

Guilty or not guilty

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28
Q

What is the verdict in Civil Law?

A

Liable or not liable

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29
Q

How is the is burden of proof dealt with in criminal law?

A

Beyond a reasonable doubt

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30
Q

How is the burden of proof dealt with in civil law?

A

On the probabilities , who they believe

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31
Q

What are the different kinds of outcomes you can get in criminal law?

A

Custodial sentence
fine
community service

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32
Q

What are the outcomes for civil law?

A

Compensation

injunction

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33
Q

Give an example of a criminal offence

A

Murder
terrorism

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34
Q

Give an example of a civil offence 

A

Child custody
inheritance
insurance claims 

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35
Q

What is a criminal offence?

A

A crime against state need to be punished for wrong doing

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36
Q

How do we write the parties in criminal law?

A

If prosecutor is masculine

R v. Kate

R is king (Rex in Latin )

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37
Q

What are the three types of criminal offences?

A

Summary -least serious
triable either way
indictable - most serious

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38
Q

Give examples of the three types of criminal offences

A

Summary - Speeding antisocial behaviour

triable either way - theft

indictable- murder , torture 

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39
Q

Where are crimes in the triable either way and summery tried at ?

A

Magistrates or Crown court

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40
Q

Where are criminal offences that are indictable tried at?

A

At the Crown Court by a jury 

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41
Q

Where will the case in civil will be try that if The claim is it’s over 25,000?

A

Highcourt

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42
Q

What court do you find a Barrister?

A

Crown Court
have to take a bar exam
have to be qualified
And need a law degree

43
Q

In what field does a solicitor work in And what court can you find them in?

A

Works with legal advice provided by police station
can represent you in court

can be found in County or magistrate

44
Q

What does A judge do and where can they be found?

A

Judges then boil which is legally qualified desires and appeals in criminal law sentences the criminal and civil checked if it’s liable or not have to be a barrister for five years

45
Q

What does the magistrates and jury not need?

A

Qualifications

46
Q

How are juries qualified?

A

At random



47
Q

What is a bill

A

A proposal

48
Q

What is a public bill ?

A

Applies to the public as a whole - Made by government - manifesto

49
Q

What is a private bill?

A

Applies to specific individuals or groups

50
Q

What is a private members bill ?

A

It’s a bill introduced by an MP or lord - 10 min rule to say bill - then vote

51
Q

Why is a private members bill less likely to be enforced ?

A

It’s not a gov idea but may be accepted if gov over looks it

Animal welfare - assisted dying bill 2015

52
Q

How does a bill become an act of parliament ?

A
  1. Bill is written on green paper and is read out (first reading)- vote on the bill taken if all vote in favour - proceeds
  2. Bill is formalised on white paper - discuss and recommend changes and then there is a second vote if in favour proceed
  3. Committee stage - groups of mps, experts and connected bodies go through the bill line by line and make
    changes

4.report stage - Amendments made are reported back to parliament

  1. Third reading (last) - HOC last chance to make amendments and vote
  2. Bill is sent to other house and go through stages again in HOL in third reading no amendments are made sim is to reach a agreement
  3. Ping Pong 🏓- goes back and forth until agreement is reached if fails can go through HOC and be forced through of HOL rejected it 3 times

Eg. Hunting act 2004

  1. Royal Assent - law sighed by monarch
53
Q

What is the 1st pros of parliamentary law making ?

What act is this encouraged by ?

A

1- parliamentary sovereignty- main law maker with the power to make law

This supports the division of law marking

Judges can focus of applying law - encouraged under constitutional reform act 2005

54
Q

What is the 2nd pro of PLM?

A

It’s democratic - mps and govs are elected laws repersent the views of society

If we don’t like laws they are not re-elected eg. Brexit vote - 51%

55
Q

3rd pro of parliamentary law making

A

Broad arenas are covered - only parliament can legalise vast war - detailed law that explain procedures

Great brand new laws that reflect society

Eg. pace equality act 2010

56
Q

What is the 4th pro of parliamentary law making?

A

Consultations - so many stages with experts

laws- really through

Consumers rights act 2015

Consulted law communion

57
Q

What are the 1st cons of parliamentary law making ?

A

Slow and long process - year or longer - due to exceeding consolation - and disagreement - little time to pass -

divorce bill 2008 - 18 months became a law in 2022 despite knowing law needed change

Offences against the Person still still not enforce

58
Q

What is the 2nd cons of parliamentary law making ?

A

Complexly - judges struggle to enforce it May need to interpret the words
as parliamentary laws are too complicated for people to understand and read - may lead to inconsistent judgment

RCN v DHSS
medical practitioners included nurses

59
Q

What are voting systems not? Why?

A

Undemocratic - voting systems don’t always allow for fairness of public votes

HOL are unelected

60
Q

How do you become a Lord in House of Lords ?

A

Inherited

Political choice of lords

Appointed
Bishop

61
Q

What are parliament

A

Supreme law makers

62
Q

What kind of laws are in parliament?

A

Just framework - basis of law

Detail is put in by delegated law for each territory

63
Q

What are the reasons for delegated law ?

A
  1. Geography- specify territory
  2. Technical matters - heath best done by health department
  3. Emergency- laws need to be made quickly coronavirus act 2023
64
Q

How can parliament delegate law?

A

Need a parent or enabling act - the skeleton give authority to others to make laws

Passes on to a minister then local authority

65
Q

What do the gov ministers deal with in delegated law ?

A

Technical knowledge

66
Q

What does the local authority delegate laws for?

A

Geographical reasons

67
Q

What does a body delegate to ?

A

Setting fares

68
Q

What are secondary laws ?

A

Made by experts or bodies

69
Q

What are the 3 types of delegated laws ?

A

Order of council

By-law

Statutory instruments

70
Q

What is a statute?

A

A written law written by parliament

71
Q

What is orders of council ? (3)

A

Orders of council - Emergencies or new situations made by privy council who are senior members of parliament

Power to give legal effect to European directives and incorporate the laws in the EU

Or number of judges in Supreme Court

72
Q

What is statutory Instruments?

A

Regulations made by acts of parliament
Technical expertise

73
Q

What are by-laws

A

Geographical speciality - local authority bodies

74
Q

What are the 2 influences on parliament ?

A

Political influence

Pressure groups

75
Q

How do politicians influence parliament ? (5)

A

Politicians influence other politicians through private members bill - recognise that sign language is a real language

HOL can influence -raise diff issues through opposition party - and gov don’t want to lose votes do respond to other party

Farage - UKIP pressured David to have a referendum on BREXIT

Mayor - local mayor - have power to make certain law can pressure gov

International treaties - pressure gov to change law -G7

76
Q

Why is politely influence most effective ?

A

Most likely to be heard - have direct asses to mps

77
Q

What are the 2 types of pressure groups ?

A

Cause group

Interest group

78
Q

What is a cause group ?

A

Set up to further a specific issue - run campaigns to influence the public eg. Greenpeace

Fathers for justice ~ children + family act 2023.

Snowdrop appeal - made after Dublane massacre - chance hand gun law ownership

79
Q

What are interest Groups?

A

What to further the interest of their members - trade union

80
Q

What are the two types of delegated law control?

A

Parliamentary control

judicial control

81
Q

What are the five things with the Parliamentary control for delegated law?

A

Affirmative resolution
negative resolution
scrutiny committee
enabling act
questions in parliament

82
Q

What is Affirmative resolution?

A

When is delegated law needs approval from both houses of Parliament- Set in the enabling act

83
Q

What is negative resolution?

A

The delegated law will become a law unless it rejected by either Houses of Parliament within 40 days

84
Q

What is Scrutiny committee ?

A

A committee that get into the fine detail and criticise delegate to go to report back to Parliament

85
Q

What is the enabling act?

A

Do not put forward to a delegate to go to set boundaries and limits

86
Q

What are questions in parliament?

A

The delegates in law can be questioned at any time by other MPs to the government

87
Q

Gives two examples of bylaws

A

Local council banning drinking in town centre

occurred in Manchester in 2020 in time of the Commonwealth Games

National Trust at 1907 to 2005 

Scotland to regulate trust land including access costs and wether dogs are allowed on site 

88
Q

Two Examples of Statutory instruments?

A

Dangerous dog act 1991 allowed Home Secretary to add more piece of data of dogs that we’re not allowed to be
Breed

National minimum wage regulations 2018- raised minimum Wage 

89
Q

Give two examples of orders in Council

A

Coronavirus act 2020
privy council had to put in regulations of face masks and social distancing and self- isolation

Misuse of drugs act 1971 to make cannabis a class C drug and changed it back to a class B drug

90
Q

What are the disadvantages of delegated legislation?

A

Takes away the control and power from elected MPs and allows unelected to make law

Sub-delegation ministers Delegate law making to those who work within parliament- un elected (HOL) - case accountability

Large volume- large Volume means there is a large amount of criticism in that it’s hard to know what present Law is Cases go unreported over 300 statutory interpretation a year

lack of publicity- Delegate the law is made private and it’s passed with no debate in contrast to statutory law

Difficult wording - May be too complex for people of the public to understand and for judges and juries to understand which may lead to different interpretations leading to inconsistency

Hard to conrol DL all like a time so negative resolution is pointless

committees do not need to be listening

judicial brings self-pay - Aylsebury mushroom case

91
Q

What are the advantages of delegated legislation?

A

Detail - allows Detailed law to be created which is vital in order For society to work more efficiently

Time - is quicker to make an emergency orders in Council good for Emergencies-

Parliament lack time can pass this on to others change law to reflect society minimum wage amendments

Local Knowledge - have more knowledge about locality and specific issues in specific territory compared To gov
Manchester Commonwealth

expert technical knowledge

Easier to amend - offers flexibility in the light of events and can be kept up to date less time consuming to do so 

Gives power to expertise to make decisions - can allow reaction to a major issue (coronavirus 😷 DDA)

Experts and ministers have more knowledge about issues- public corporations have more knowledge air navigation order- 195 page order

Reactive to emergencies privy council civil contingency

92
Q

What are the 6th Pro of Parliamentary law making

A

Balance and checked house of lords House of Commons 
Established that laws are accurate
Allows a balance between competing interests

Eg. Leaving the EU with the draft bill

93
Q

What is the Seventh pro of Parliamentary lawmaking

A

Allows them to express their field important input on law e.g. Lord Sugar

94
Q

What is the eighth pro of Parliamentary sovereignty?

A

Committee stage helps parliament the issues with law. (Children + family act 2018)

95
Q

What is the most 9th pro of Parliamentary sovereignty

A

Parliament can react to issues within society - Public orders act
dangerous dog act 1994

96
Q

What is the Third con of Parliamentary lawmaking?

A

House of Lords - unelected inherited archbishops - should law will be based on religion- undemocratic

lots of expenses scandal
over 700 lords £300 a day
costs a lot of money

title application process unfair we need to reform and reduce the House of Lords

97
Q

What is the fourth con on Parliamentary lawmaking

A

poor wording - not experts
Use of complex language do not define terminology judicial interpretation

DDA , terrorist act

98
Q

What is the 5th Con Parliamentary lawmaking?

A

Don’t actually listen to the public refuse to make law - Euthanasia 

99
Q

What are the four pros of precedent?

A

Insures laws reflect societal attitude
At the time (R v Brown) (R v Wilson)

Improved law more affective - (Robinson V CC West Yorkshire ) (R v R)

Allows us to respond to difficult situations Re A Conjoined Twins

Saves time easily find precedent in law - Reports can be found online

Avoids abuse of power only top courts can overrule lower courts

100
Q

What are the five cons of precedent ?

A

Ridgedness and slowness of growth laws can only change if reach Supreme Court

cost application is a lot of money

take considerable time

Supreme Court do not have to take case on average50 a year

May reduce caselaw and interest of uncertainty - (Knüller V DPP )

Some good reason to act wait for case to raise

some issues 40 years Caparo V Dickman Condler V Crane 🏗 Christmas 🤶

Complex precedent hard to read - Dodds case- judges unable to find president

Illogical distinction between cases - distinguishing (Balfour V Balfour) ( Merriff V Merriff)
(R v Brown / R v Wilson )

Allows too much judicial activism takes away from parliament diminishEd Sovereignty (Miller V S/S for Leaving EU)

101
Q

How does a precedent work ?

A

Law written by Judge operates of stare decisis - let the decision standMy stand and pull all Earlier cases

Ratio Decidendi- Reason for outcome/decision by then or future cases
Doughue V Stevenson
R V F
R V Brown homosexual sadomasochism

Obiter dicta - Other things said by the way - Speculate on outcome persuasive not binding but influential

R V Brown - Tattooing/branding allowed consent persuaded R v Wilson

DPP V Smith - Hair part of body
O - Paint or other chemicals still ABH

Court Hierarchy - set high precedent fro lower courts to follow the Supreme Court highest

102
Q

Go through persuasive eight marker

A

Obiter dictar-

Dissenting judgement judge disagrees with majority verdict- Eg Candler V Crane Christmas Lord Denning dissented persuaded Caparo V Dickman

Disapproval statement - R v Hasan - Stated disapproval of the meaning of immediate in R V Huston + Taylor

Lower court decision - Rv R

privy council - Decision of the Supreme Court sit together to hear Commonwealth

International law - Forther grill V Monarch Airlikes


103
Q

eight marker for avoiding precedent ?

A

Dissenting judgement - facts are sufficiently different - Balfour v Balfour Merriff v Merrif Agreed to separate to legally binding

overruling- the only overrule decision of lower court Supreme Court can overrule over practice statement when “it appears right to do so”

Pepper V Hart Davis V Johnson
R v G+ R - R v Caldwell - recklessness

COA - Reverse circumstances

Per incurm

conflicting to appeal

Supreme Court overruled

Young V Bristol Airplane

Reversing can change decisions appeal Gillick V Whitebeck

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