ENGLISH LEGAL SYSTEM Flashcards
Scotland and Northern Island have their own…
Legal system.
What is a legal duty?
It governs the relations between people and requires them to do or refrain from doing certain things.
Define contract law
Agreements between individuals.
Define criminal law
The right of the state to punish individuals.
Define equity
Based on duties owed to other individuals on the basis of a legal concept of “conscience”.
Define private law
It is concerned with the private relationships between individuals (including companies).
Define public law
It is concerned with both relationships between individuals and the State, and with the State enforcing certain standards of behaviour.
Is equity law private or public?
Private.
Is constitutional & administrative law private or public?
Public.
Is contract law private or public?
Private.
Is tort law private or public?
Private.
What is Tort?
An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.
Is criminal law private or public?
Public.
Is land law private or public?
Private.
Is company law private or public?
Private.
Is EU law private or public?
Both.
What are the two principal institutions which can be said to make law in the English Legal system?
Parliament and the courts.
What does parliament consist of?
Parliament consists of the Queen, the House of Lords, and the House of Commons.
What do the courts consist of?
The courts consist of independent, non-elected judges.
What does the government do?
The Government makes and implements policy.
What does parliament do?
Passes legislation.
What is the Queen?
Head of State.
What is a custodial sentence?
A judicial sentence, i.e prison.
What is a magistrates court?
Court of first instance.
What is a high court?
Court of first instance, and appeals court.
What is a crown court?
Court of first instance.
What is a supreme court?
Appeals court.
What type of law does the supreme court deal with?
Criminal and civil.
What type of law does the court of appeal deal with?
Criminal and civil.
What type of law does the county court deal with?
Civil law.
What type of law does the high court deal with?
Criminal and civil.
What type of law does the magistrates’ court deal with?
Criminal law.
What type of law does the crown court deal with?
Criminal law.
What does criminal law concern?
The relationship between an individual and the rest of the community.
What does civil law concern?
The relationship between individuals in that community and do not involve or concern the community as a whole.
What is a synonym for legislation?
Statute.
What is a green paper?
A consultation document on possible new law.
What is a white paper?
It incorporates the government’s firm proposals for the new law.
What comes after the green, then white paper?
An Act will then begin its life as a document known as a Bill.
What comes after a ‘Bill’?
It will it eventually become an Act of Parliament, aka a statute.
What is The Doctrine of Parliamentary Sovereignty also known as?
Doctrine of Parliamentary Supremacy
What is The Doctrine of Parliamentary Sovereignty?
The doctrine that only Parliament can make or unmake a law meaning that; Parliament has the freedom to make laws of any kind, and Statute cannot be overridden by any body outside Parliament.
What is consolidation?
Where one statute re-enacts law which was previously contained in several different statutes- it ‘tidies up’ the law.
What is codification?
Where all the law on some topic, which may previously have been covered by common law, custom and even statute(s), is brought together in one new statute.
What is case law?
Case law is law that has been established by following decisions made by judges in earlier cases.
What are Bye-Laws?
Laws that can be made by local authorities to deal with local issues within their own area.
What are the EU instituitions?
- The council of the european union
- The european commission
- The parliament
- the court of justice of the european union
What can the EU legislation be split between?
Primary and secondary legislation.
What is EU primary legislation?
Its founding treaties.
What is the EU secondary legislation?
Regulations, Directives and Decisions.
