ELS: The Nature Of English Law Flashcards
What is law?
A body of rules
Created by state
Binding within its jurisdiction
Enforced primarily by the courts
Where are the 3 distinct legal systems and set of laws?
- England and Wales
- Scotland
- Northern Ireland
What are the characters if English law
- Long piecemeal development
- Absence of codification in many areas
- Judges create, as well as interpret the law
- Adverbial system of trial
- Role of laypeople’s
What is public law
Public law involves the individuals and state and is concerned with the decisions by and control of governmental bodies
What is private law made up of
- Criminal law : makes certain types of behaviour against the law and the state to prosecute those that disobey the law
- Constitutional law : laws relating to the British constitution
- Administrative law: concerned with powers and duties of government bodies and ensuring they act within their legal power
What is private law ?
Concerned with rights and duties between individuals and covers such areas such as contract, tort, property, company and family law
What is the distinction between criminal law and civil law
There is a distinction in which court a case is heard in and the terminology used
What are the two parties called in civil law
Claimant : an aggrieved person person that commences action
Defendant
A claim ain’t she’s a dependent and has to prove his case on the balance of probabilities
What is the purpose of a civil action ?
To compensate the person who has incurred a loss or an injury
In criminal law who can be prosecuted ?
Natural persons and legal persons
In England and wales a child has to be at the age of 10 to take criminal responsibility
In a criminal trial where is the case heard ?
In Magistrates courts by 3 no legally qualified magistrates or by a legally qualified district judges
In crown court before judge and jury
What are the 2 parties in both criminal and civil cases that appeal a case
Appellant and respondent
