Common Law System

Question 1

What is the legal system of England and Wales?

Answer 1

Common Law System comprising statute, regulations and court judgments

Question 2

What is the difference between a Common Law system and a Civil Law system?

Answer 2

Common Law relies on statute, regulations and court judgments

Civil law relies on codified statutes and academic commentary

Question 3

What do judges use to make a judgment?

Answer 3

Interpret and apply statute or apply logic and wisdom when statute is not applicable

Question 4

What is the purpose of case law?

Answer 4

To fill in the gaps in the law so that the law becomes more complete over time

Question 5

What is an adversarial system compared to an inquisitorial system?

Answer 5

Disputing parties offer legal arguments, judge umpires and ensures procedure is followed.

Inquisitorial systems are where the judge teases out the facts and the parties act as procedural umpires

Question 6

What two types of remedies are available to a party?

Answer 6

Common law remedies and equitable remedies

Question 7

What is an equitable remedy and what type of remedy is it?

Answer 7

Remedy based on fairness and justice and is a discretionary remedy

Question 8

What is an example of an equitable remedy?

Answer 8

Injunction to take/refrain from taking action

Question 9

When will an equitable remedy be granted?

Answer 9

When it is just and fair to do so (e.g the litigant acted fairly)

Question 10

Describe the different broad types of law

Answer 10

Public Law = regulates state and individuals
Private Law = regulates individuals (e.g contract/tort)
Civil Law = intervenes in individual relationships when go awry (breach of contract)
Criminal Law = intervenes in actions of individuals which state deems harmful

Question 11

What is substantive and procedural law

Answer 11

Substantive = law as it is which governs adjudication (e.g statute against theft)

Procedural = law governing how disputes are adjudicate