End of Chapter - Law and Legal Systems

Question 1

How is law classifed?

Answer 1

Common law
Civil jurisdictions
Public and private law

Question 2

What does public and private law contain?

Answer 2

Public: constitutional/ administrative/ criminal law
Private: torts, trusts, property, family and succession

Question 3

Main sources of UK law?

Answer 3

Legislation (created by Parliament and includes statues, statutory instruments and other forms of delegated legislation), judicial precedent (case law), local custom, legal books and treaties

Question 4

Rules to assist interpretation of statues?

Answer 4

The Interpretation Act, the literal rule, the golden rule and the mischief rule

Question 5

Precedent?

Answer 5

Precedent is a decision in a previous legal case where the facts were similar to the case before
The ratio decidendi of a case is based on material facts of the case, decision of the judge and the reasons for the decision
Binding precedent means that a judge is obliged to follow the ratio decidendi of previous similar cases

Question 6

EU law?

Answer 6

The ECA 1972 was repealed by the European Union (Withdrawal) Act 2018 (EUWA)

Question 7

Pre-action protocols?

Answer 7

List of actions under the Civil Procedure Rules (arising from the Woolf reforms) that both parties are required to take before legal action starts

Question 8

Court allocation process?

Answer 8

Small claims track: cases under £10,000 or for personal injury claims less than £1000
Fast track: cases under £25,000
Multi-track: cases over £25,000 or complex cases

Question 9

Legal profession?

Answer 9

Divided into solicitors and barristers

Question 10

Law divides people into?

Answer 10

Natural persons and juristic persons
Special rules apply to minors, persons lacking mental capacity and bunkrupts

Question 11

Corporations?

Answer 11

Can be corporations sole or corporations aggregate
They are created by Royal Charter, private Act of Parliament or registration under the companies Act