English Legal System Flashcards

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1
Q

What is the only remedy for breaking common law?

A

Damages

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2
Q

What system was introduced from common law?

A

Precedent

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3
Q

What new measures were introduced with equity?

A

Injunctions and specific performance

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4
Q

Does equity or common law prevail over the other?

A

Equity prevails over common law

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5
Q

What type of law is criminal law?

A

Public

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6
Q

What type of law is civil law?

A

Private

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7
Q

Which laws purpose is to enforce behaviour?

A

Criminal law

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8
Q

Who is the case brought by in civil law?

A

Claimant

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9
Q

What standard of proof is needed in criminal law?

A

Beyond reasonable doubt

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10
Q

What standard of proof is needed in civil law?

A

Balance of probabilities

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11
Q

How many justices are in the supreme court?

A

5

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12
Q

Which court hears appeals from the county court?

A

The court of appeal

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13
Q

Where do appeals go from the Divisional Court of the Queen’s Bench Division?

A

The supreme court

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14
Q

Which court deals with the three-track system?

A

The county court

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15
Q

At what value does the small claims track receive claims?

A

Up to £10,000

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16
Q

At what value does the fast track receive claims?

A

£10,000 - £25,000

17
Q

At what value does the multitrack deal with claims?

A

Over £25,000

18
Q

What does ECtHR stand for?

A

European Court of Human Rights

19
Q

Are tribunals quicker than a court case usually?

A

Yes

20
Q

What does the ‘doctrine of judicial precedent’ mean?

A

Follow the decision of a previous case

21
Q

What does ratio decendi mean?

A

The legal reason for a decision

22
Q

When is a precident not binding?

A

When it has been overruled by statute or a higher court

23
Q

What are the two types of legislation?

A

Acts of Parliament and delegated legislation

24
Q

How many stages must a bill go through before it reaches needing the Royal Ascent?

A

5

25
Q

Which rule means ‘words must be given their ordinary dictionary meaning’?

A

Literal rule

26
Q

What does the golden rule mean?

A

Where the golden rule gives more than one meaning, the one which does not result in an absurdity is used

27
Q

Which rule gives a more modern approach to some laws?

A

The purposive rule

28
Q

What does eiusdem generis mean?

A

General words mean the same kind of thing as the specific words they follow

29
Q

Is the ratio decendi capable of forming the binding precident?

A

Yes

30
Q

Is statute a form of delegatory legislation?

A

No

31
Q

Which court has only criminal jurisdiction?

A

Crown court