Definitions Flashcards
What is a legal system
a set of rules that governs the way that society functions.
Why do we need a legal system?
- allows disputes to be resolved without the need to resort to threats or violence
- offer a degree of protection to the society as it often deters people from behaving in ways that would be very disruptive (stealing, using violence etc
What is the success of the business world dependent on
- Business confidence
- Business Protection
What is business confidence
Businesses will invest and deal with other parties if they know that the courts will provide a remedy if the other party breaks the deal.
-This helps the economy to grow
E.g. enter into a transaction, need a legal system to ensure protection/ remedies if things go wrong
What is business protection
- Governments are very powerful organisations who could act against the interests of business without laws to control their use of power.
- So law protects a business from abuse of power by the state.
What are the world law systems?
- Civil Law system
- Common Law system
- Mixed Law system
What is the civil law system?
- It is based historically on Roman Law
- Laws are devised by designated law-making bodies and written down as rules for society to abide by
- Bodies will write these laws, where everyone can read and follow
- Codes affect different dealings
- Most advanced Civil Law systems are Codified
What is the common law system
- Case decisions made in courts are of central importance
- Law is created by deciding cases and recording the reasons for the decision
- The decisions of senior courts MUST be followed in subsequent cases
What is the mixed law system?
- Where two or more legal systems operate side by side with EQUAL importance
- Mixed systems may include common law, civil law, customs of a society, religious rules e.g. Sharia law etc
What is the English law system divided into?
a. Classification),
- secondly the courts and institutions which deal with legal disputes
b. Administration),
- thirdly how the law is created
c. Sources),
- and finally, the legal profession who advise and assist in resolving those legal disputes
d. Legal Personnel-
- involved in operation of the legal system
What is the Civil Evidence Act 1968
§ The normal rule of evidence is that a court must NOT be informed of a Defendant’s criminal history
§ However, under Section 11 = This rule does not apply where a crime is committed at the same time as a civil wrong (as in this example)
□ E.g. a driver who is speeding and crashes into another vehicle, injuring the other driver
§ The court hearing the civil claim may be informed if the Defendant has been convicted of the crime
§ BUT no other criminal history may be disclosed.
What is arbitration?
- a useful alternative dispute resolution procedure.
- This is where the parties refer the dispute to an arbitrator to resolve, rather than using the court system.
§ The arbitrator is usually someone with relevant expertise in the area of dispute.
§ These are private
What is mediation
§ where a trained third party attempts to help the parties negotiate a settlement.
What are tribunals?
set up, under various Acts of Parliament, to hear particular types of cases and deal with a range of issues such as immigration and employment
○ E.g. immigration and employment
○ These are public- court equivalent
What is Jurisdiction?
○ Jurisdiction simply means the power to hear a case and each court within the system has different jurisdiction.
What is Tort Law?
civil wrong (individual or business) - does wrong causing harm to someone else in society: tort law gives victim a remedy)
Who is the Civil Justice Council (CIC)
□ continue to monitor the workings of the civil justice system and
□ recommend improvements to modernise the system and keep it in line with developments in society.
What is the Court of Appeal?
deals with the majority of civil and criminal appeals.
What is the Leap-Frog technique?
the Supreme Court may hear appeals direct from the High Court in certain circumstances.
What is the Bill of Rights?
□ identifies the rights and freedoms of the citizens of that country.
□ Until October 2000 Britain had no such document although we have been a member of the European Convention on Human Rights since 1951.
What is the European Convention on Human Rights
◊ Each of the numbered “articles” protects a basic human right.
◊ These include rights such as - the right to life,
- the prohibition of torture and slavery,
- the right to liberty.
Taken together, they allow people to lead free and dignified lives
What are the Convention Rights?
- Citizens or businesses who felt that their human rights had been infringed could complain to the European Court of Human Rights for a decision.
- It was only possible to utilise the European Court however, once all legal avenues in Britain had been exhausted.
- So this was a very lengthy process, which often meant that parties had to appeal all the way to the (then) House of Lords before having their case referred to Europe.
What is a Unilateral contract?
§ In a unilateral contract it is NOT necessary to COMMUNICATE acceptance
§ ACCEPTANCE of an OFFER is satisfied by carrying out the terms of the offer
Definition Obiter Dicta?
things said ‘by the way’ during the course of a judgment
Definition of Foreign Decisions
judgments delivered in foreign cases which are NOT therefore binding on English courts (Canada, USA, Australia etc)
Definition Dissenting Judgements
the judgment of a judge who disagrees with the majority view during an appeal court hearing
What is Stare Decisis?
the standing of decisions
Definition Legislation
the term used to refer to law made by Parliament.
What is statue law?
involves the creation, by Parliament, of statutes or Acts of Parliament.
What is a constituency
MPs are elected to represent an area of the country
What is the Prime Minister?
§ The political party with the majority of MPs forms the Government and its leader becomes the Prime Minister (PM).
□ The PM appoints Ministers to take charge of government departments and the most important Ministers form the Cabinet, which is responsible for formulating government policy.
Definition of Murder in 1995
○ Doing an act with the intention to Kill or cause Grievous Bodily Harm
OR
○ Doing an act that you know is highly likely to Kill or cause Grievous Bodily Harm
What is a solicitor?
largely responsible for all pre or non-court work
What is a barrister?
concentrate upon advocacy i.e. the presentation of the case in court
