Civil Courts And Other Forms Of Dispute Resolution 🤺 Flashcards
1
Q
What are the 4 sources of law?
A
Acts of parliament
Judicial precedent
Delegated law
European law
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
3
Q
Who makes primary laws?
A
Parliament
4
Q
What are primary laws ?
A
Main source of law making
5
Q
What is judicial precedent?
A
Laws made by judge - murder
negligence
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
7
Q
What is European law?
A
Law made by the EU for EU binding countries
Eg. Free movement
Compensation for flight delays
8
Q
What are the 3 types of public law ?
A
Constitutional
Administrative
Criminal
9
Q
What is constitutional law? + eg
A
Where power lies within the state
Bill of right
10
Q
What is administrative law?
A
Law which governs how the government works
Eg social security
11
Q
What is criminal law?
A
A system of law concerned with the punishment of criminals and the rules surrounding
12
Q
What are the 4 types of private law?
A
Contract
Tort
Family
Evidence
13
Q
What is Contract law?
A
Legal binding agreement
Eg. Buying something
14
Q
What is Tort law?
A
A civil wrong doing causing the claimant loss/harm
Eg. Negligence
15
Q
What is Family law ?
A
Law surrounding the family
Divorce
Adoption
Inheritance
16
Q
What is company law?
A
Law on the rights and conduct of a business or organisation
How to merge
Debt
17
Q
What is evidence law ?
A
Laws surrounding info giving in by court
Eg.witnesses
18
Q
What does hearsay mean?
A
This person said this
19
Q
What are the parties in criminal law ?
A
Prosecution V. Defence
20
Q
What are the parties in civil law ?
A
Claimant V defence
21
Q
What is the purpose of criminal law?
A
To punish wrongdoing
22
Q
What is the purpose of civil law?
A
to solve a dispute
23
Q
Who starts the case in criminal law?
A
Prosecution
24
Q
Who starts the case in Civil Law?
A
The claimant
25
Where is the first trial heard at in civil law?
County or High court Depending on how your claim is
26
Where is your first trial heard at in criminal Law?
Magistrates court 
27
What is the verdict in criminal law?
Guilty or not guilty
28
What is the verdict in Civil Law?
Liable or not liable
29
How is the is burden of proof dealt with in criminal law?
Beyond a reasonable doubt
30
How is the burden of proof dealt with in civil law?
On the probabilities , who they believe
31
What are the different kinds of outcomes you can get in criminal law?
Custodial sentence
fine
community service
32
What are the outcomes for civil law?
Compensation
injunction
33
Give an example of a criminal offence
Murder
terrorism
34
Give an example of a civil offence 
Child custody
inheritance
insurance claims 
35
What is a criminal offence?
A crime against state need to be punished for wrong doing
36
How do we write the parties in criminal law?
If prosecutor is masculine
R v. Kate
R is king (Rex in Latin )
37
What are the three types of criminal offences?
Summary -least serious
triable either way
indictable - most serious
38
Give examples of the three types of criminal offences
Summary - Speeding antisocial behaviour
triable either way - theft
indictable- murder , torture 
39
Where are crimes in the triable either way and summery tried at ?
Magistrates or Crown court
40
Where are criminal offences that are indictable tried at?
At the Crown Court by a jury 
41
Where will the case in civil will be try that if The claim is it’s over 25,000?
Highcourt
42
What court do you find a Barrister?
Crown Court
have to take a bar exam
have to be qualified
And need a law degree
43
In what field does a solicitor work in And what court can you find them in?
Works with legal advice provided by police station
can represent you in court
can be found in County or magistrate
44
What does A judge do and where can they be found?
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
What does the magistrates and jury not need?
Qualifications
46
How are juries qualified?
At random

47
What is a bill
A proposal
48
What is a public bill ?
Applies to the public as a whole - Made by government - manifesto
49
What is a private bill?
Applies to specific individuals or groups
50
What is a private members bill ?
It’s a bill introduced by an MP or lord - 10 min rule to say bill - then vote
51
Why is a private members bill less likely to be enforced ?
It’s not a gov idea but may be accepted if gov over looks it
Animal welfare - assisted dying bill 2015
52
How does a bill become an act of parliament ?
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
5. Third reading (last) - HOC last chance to make amendments and vote
6. 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
7. 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
8. Royal Assent - law sighed by monarch
53
What is the 1st pros of parliamentary law making ?
What act is this encouraged by ?
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
What is the 2nd pro of PLM?
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
3rd pro of parliamentary law making
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
What is the 4th pro of parliamentary law making?
Consultations - so many stages with experts
laws- really through
Consumers rights act 2015
Consulted law communion
57
What are the 1st cons of parliamentary law making ?
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
What is the 2nd cons of parliamentary law making ?
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
What are voting systems not? Why?
Undemocratic - voting systems don’t always allow for fairness of public votes
HOL are unelected
60
How do you become a Lord in House of Lords ?
Inherited
Political choice of lords
Appointed
Bishop
61
What are parliament
Supreme law makers
62
What kind of laws are in parliament?
Just framework - basis of law
Detail is put in by delegated law for each territory
63
What are the reasons for delegated law ?
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
How can parliament delegate law?
Need a parent or enabling act - the skeleton give authority to others to make laws
Passes on to a minister then local authority
65
What do the gov ministers deal with in delegated law ?
Technical knowledge
66
What does the local authority delegate laws for?
Geographical reasons
67
What does a body delegate to ?
Setting fares
68
What are secondary laws ?
Made by experts or bodies
69
What are the 3 types of delegated laws ?
Order of council
By-law
Statutory instruments
70
What is a statute?
A written law written by parliament
71
What is orders of council ? (3)
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
What is statutory Instruments?
Regulations made by acts of parliament
Technical expertise
73
What are by-laws
Geographical speciality - local authority bodies
74
What are the 2 influences on parliament ?
Political influence
Pressure groups
75
How do politicians influence parliament ? (5)
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
Why is politely influence most effective ?
Most likely to be heard - have direct asses to mps
77
What are the 2 types of pressure groups ?
Cause group
Interest group
78
What is a cause group ?
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
What are interest Groups?
What to further the interest of their members - trade union
80
What are the two types of delegated law control?
Parliamentary control
judicial control
81
What are the five things with the Parliamentary control for delegated law?
Affirmative resolution
negative resolution
scrutiny committee
enabling act
questions in parliament
Super affirmative
82
What is Affirmative resolution?
When is delegated law needs approval from both houses of Parliament- Set in the enabling act
83
What is negative resolution?
The delegated law will become a law unless it rejected by either Houses of Parliament within 40 days
84
What is Scrutiny committee ?
A committee that get into the fine detail and criticise delegate to go to report back to Parliament
85
What is the enabling act?
Do not put forward to a delegate to go to set boundaries and limits
86
What are questions in parliament?
The delegates in law can be questioned at any time by other MPs to the government
87
Gives two examples of bylaws
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
Two Examples of Statutory instruments?
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
Give two examples of orders in Council
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
What are the disadvantages of delegated legislation?
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
What are the advantages of delegated legislation?
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
What are the 6th Pro of Parliamentary law making
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
What is the Seventh pro of Parliamentary lawmaking
Allows them to express their field important input on law e.g. Lord Sugar
94
What is the eighth pro of Parliamentary sovereignty?
Committee stage helps parliament the issues with law. (Children + family act 2018)
95
What is the most 9th pro of Parliamentary sovereignty
Parliament can react to issues within society - Public orders act
dangerous dog act 1994
96
What is the Third con of Parliamentary lawmaking?
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
What is the fourth con on Parliamentary lawmaking
poor wording - not experts
Use of complex language do not define terminology judicial interpretation
DDA , terrorist act
98
What is the 5th Con Parliamentary lawmaking?
Don’t actually listen to the public refuse to make law - Euthanasia 
99
What are the four pros of precedent?
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
What are the five cons of precedent ?
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
How does a precedent work ?
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
Go through persuasive eight marker
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 Airlines

103
eight marker for avoiding precedent ?
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
