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LAW PREP > ENGLISH LEGAL SYSTEM > Flashcards

ENGLISH LEGAL SYSTEM Flashcards

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1
Q

Scotland and Northern Island have their own…

A

Legal system.

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2
Q

What is a legal duty?

A

It governs the relations between people and requires them to do or refrain from doing certain things.

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3
Q

Define contract law

A

Agreements between individuals.

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4
Q

Define criminal law

A

The right of the state to punish individuals.

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5
Q

Define equity

A

Based on duties owed to other individuals on the basis of a legal concept of “conscience”.

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6
Q

Define private law

A

It is concerned with the private relationships between individuals (including companies).

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7
Q

Define public law

A

It is concerned with both relationships between individuals and the State, and with the State enforcing certain standards of behaviour.

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8
Q

Is equity law private or public?

A

Private.

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9
Q

Is constitutional & administrative law private or public?

A

Public.

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10
Q

Is contract law private or public?

A

Private.

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11
Q

Is tort law private or public?

A

Private.

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12
Q

What is Tort?

A

An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

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13
Q

Is criminal law private or public?

A

Public.

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14
Q

Is land law private or public?

A

Private.

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15
Q

Is company law private or public?

A

Private.

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16
Q

Is EU law private or public?

A

Both.

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17
Q

What are the two principal institutions which can be said to make law in the English Legal system?

A

Parliament and the courts.

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18
Q

What does parliament consist of?

A

Parliament consists of the Queen, the House of Lords, and the House of Commons.

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19
Q

What do the courts consist of?

A

The courts consist of independent, non-elected judges.

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20
Q

What does the government do?

A

The Government makes and implements policy.

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21
Q

What does parliament do?

A

Passes legislation.

22
Q

What is the Queen?

A

Head of State.

23
Q

What is a custodial sentence?

A

A judicial sentence, i.e prison.

24
Q

What is a magistrates court?

A

Court of first instance.

25
Q

What is a high court?

A

Court of first instance, and appeals court.

26
Q

What is a crown court?

A

Court of first instance.

27
Q

What is a supreme court?

A

Appeals court.

28
Q

What type of law does the supreme court deal with?

A

Criminal and civil.

29
Q

What type of law does the court of appeal deal with?

A

Criminal and civil.

30
Q

What type of law does the county court deal with?

A

Civil law.

31
Q

What type of law does the high court deal with?

A

Criminal and civil.

32
Q

What type of law does the magistrates’ court deal with?

A

Criminal law.

33
Q

What type of law does the crown court deal with?

A

Criminal law.

34
Q

What does criminal law concern?

A

The relationship between an individual and the rest of the community.

35
Q

What does civil law concern?

A

The relationship between individuals in that community and do not involve or concern the community as a whole.

36
Q

What is a synonym for legislation?

A

Statute.

37
Q

What is a green paper?

A

A consultation document on possible new law.

38
Q

What is a white paper?

A

It incorporates the government’s firm proposals for the new law.

39
Q

What comes after the green, then white paper?

A

An Act will then begin its life as a document known as a Bill.

40
Q

What comes after a ‘Bill’?

A

It will it eventually become an Act of Parliament, aka a statute.

41
Q

What is The Doctrine of Parliamentary Sovereignty also known as?

A

Doctrine of Parliamentary Supremacy

42
Q

What is The Doctrine of Parliamentary Sovereignty?

A

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.

43
Q

What is consolidation?

A

Where one statute re-enacts law which was previously contained in several different statutes- it ‘tidies up’ the law.

44
Q

What is codification?

A

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.

45
Q

What is case law?

A

Case law is law that has been established by following decisions made by judges in earlier cases.

46
Q

What are Bye-Laws?

A

Laws that can be made by local authorities to deal with local issues within their own area.

47
Q

What are the EU instituitions?

A
  1. The council of the european union
  2. The european commission
  3. The parliament
  4. the court of justice of the european union
48
Q

What can the EU legislation be split between?

A

Primary and secondary legislation.

49
Q

What is EU primary legislation?

A

Its founding treaties.

50
Q

What is the EU secondary legislation?

A

Regulations, Directives and Decisions.

LAW PREP (3 decks)

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