Elements of the UK Legal System

Question 1

What is the Doctrine Of Precedent?

Answer 1

Courts must follow previous judgments (case law) to make a decision. Where the facts of the case have not occurred in Court yet then the judge must create an original precedent. Lower Courts must follow the decisions of Upper Courts even if the judge disagrees through the binding precedent. A judge may draw upon the decisions in other cases where it is relevant but it is not binding through the persuasive precedent.

Question 2

What is ratio decidendi?

Answer 2

The statement of law which is applied when deciding the legal issues raised by the facts of the case (rational for the decision).

Question 3

What is obiter dicta?

Answer 3

Any statement of law which is not part of the ratio decidendi. This can be observations and opinions of the judge which do not form part of the decision.

Question 4

What are customs/conventions?

Answer 4

Soft laws which are not enforceable but are followed out of respect.

Question 5

What is public law?

Answer 5

The state and its interaction with individuals and public bodies (criminal law).

Question 6

What is private law?

Answer 6

Disputes between private parties (civil law).

Question 7

What is common law?

Answer 7

All jurisdictions that have adopted the historical English Legal System (case-centered, judge-led, scope for discretion, adhoc, pragmatic approach).

Question 8

What are the five types of damages awarded?

Answer 8

1) Compensatory damages.
2) Aggravated damages.
3) Exemplary damages.
4) Nominal damages.
5) Contemptuous damages.

Question 9

What are the four equitable remedies?

Answer 9

1) Injunction.
2) Specific performance.
3) Rectification.
4) Recission.

Question 10

What is the degree of proof required in civil law?

Answer 10

Only to be on the balance of probabilities, the claimant must show that they have a more plausible case (the occurrence of the event was more likely than not).

Question 11

What is the standard of proof?

Answer 11

An allegation made by someone.
1) The prosecution in a criminal case.
2) The claimant in a civil case.
To prove the facts of the case.

Question 12

What is the burden of proof?

Answer 12

The degree of evidence that must be proved to meet the burden they are under.

Question 13

What are the five sources of UK Law?

Answer 13

1) EU Law.
2) Case Law.
3) Customs.
4) Delegated Legislation.
5) Statue Law/Primary Legislation.

Question 14

What is case law?

Answer 14

Judges can interpret an act of Parliament, can develop precedents, overrule law laid down previously. A judge makes a decision on the facts (ratio decidendi) and may give opinions or discuss the law generally (obiter dictum).

Question 15

What are the six advantages of case law?

Answer 15

1) Consistency.
2) Certainty.
3) Efficiency.
4) Flexibility.
5) Overruling.
6) Distinguishing.

Question 16

What are the three disadvantages of case law?

Answer 16

1) Uncertainty.
2) Fixity.
3) Unconstitutionally.

Question 17

What are the five institutions of the EU?

Answer 17

1) European Council.
2) Council of the European Union.
3) European Parliament.
4) European Commission.
5) Court of Justice.

Question 18

What are the six types of legislation?

Answer 18

1) Public acts.
2) Private acts.
3) Enabling legislation.
4) Consolidating legislation.
5) Codifying legislation.
6) Amending legislation.

Question 19

What are the four types of delegated legislation?

Answer 19

1) Orders in Council.
2) Statutory instruments.
3) Bylaws.
4) Professional Regulations.

Question 20

What are the three advantages of delegated legislation?

Answer 20

1) Timesaving.
2) Access to expertise.
3) Flexibility.

Question 21

What are the three disadvantages of delegated legislation?

Answer 21

1) Lack of Accountability.
2) Scrutiny.
3) Bulk.

Question 22

What are the four approaches to interpreting legislation?

Answer 22

1) Literal rule.
2) Purposive approach.
3) Golden rule.
4) Mischief rule.