English Legal System Flashcards
What is the only remedy for breaking common law?
Damages
What system was introduced from common law?
Precedent
What new measures were introduced with equity?
Injunctions and specific performance
Does equity or common law prevail over the other?
Equity prevails over common law
What type of law is criminal law?
Public
What type of law is civil law?
Private
Which laws purpose is to enforce behaviour?
Criminal law
Who is the case brought by in civil law?
Claimant
What standard of proof is needed in criminal law?
Beyond reasonable doubt
What standard of proof is needed in civil law?
Balance of probabilities
How many justices are in the supreme court?
5
Which court hears appeals from the county court?
The court of appeal
Where do appeals go from the Divisional Court of the Queen’s Bench Division?
The supreme court
Which court deals with the three-track system?
The county court
At what value does the small claims track receive claims?
Up to £10,000
At what value does the fast track receive claims?
£10,000 - £25,000
At what value does the multitrack deal with claims?
Over £25,000
What does ECtHR stand for?
European Court of Human Rights
Are tribunals quicker than a court case usually?
Yes
What does the ‘doctrine of judicial precedent’ mean?
Follow the decision of a previous case
What does ratio decendi mean?
The legal reason for a decision
When is a precident not binding?
When it has been overruled by statute or a higher court
What are the two types of legislation?
Acts of Parliament and delegated legislation
How many stages must a bill go through before it reaches needing the Royal Ascent?
5
