English Legal System Flashcards
What is the law and what does it provide?
Law is the system of rules and principles established by a community.
The law is a formal control mechanism. It provides structure for dealing with and resolving disputes that may arise, as well as providing a deterrent to those wishing to disrupt social order.
What laws are made by Judges?
Common Law and Equity
What is Common Law?
Common law looks at how the previous court decisions were made.
What is equity?
Equity is about fairness for obtaining a result when existing laws do not provide a solution.
What is public law and what laws does it include?
The set of rules that deceives the relationship between the individual and the state.
Includes criminal law and planning law.
What is private law?
Private law is the set of rules which deals with the relationships and interactions between businesses, and private individuals, groups or organisations.
Contract law falls under this category.
What is Criminal Law?
Exists to regulate behaviours of society. Done by the threat of punishment.
When a crime is committed it is against the state (R vs Defendant).
CPS must prove guilt beyond reasonable doubt.
What is Civil Law?
Civil law is a type of private law.
Exists to resolve disputes between individuals peacefully.
State has no involvement - shows the names of both parties involved. (Claimant v Defendant).
Standard of proof is much lower than in criminal cases. - must prove liability on the balance of probabilities.
No punishments - for example Depp v Heard. Most likely remedy is damages which the defendant will pay to claimant.
What is the Civil Court Structure?
Supreme Court
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Court of Appeal
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High Court of Justice, County Court, Magistrates Court
What is Magistrates Court?
Doesn’t have much power.
More involved with criminal cases but do hear some civil cases (for example, a family dispute or non payment of council.
In the Civil Court Structure what does the decision of the first court depend upon?
This depends upon the value of the potential claim and the complexity of the case.
In the Civil Court Structure, when will the County Court be chosen?
When the claim is less than or equal to £10,000 and for fast track cases between £10,000 and £25,000 (the fast track cases shouldn’t take longer than a day).
In the Civil Court System, when will the High Court of Justice be chosen?
When there is a multi-track case which are more complicated, or have a value of over £25,000 in dispute.
There are more senior judges at the High Court of Justice and more specialisation.
What are the 3 Divisions to the High Court of Justice?
- Kings Bench Division - Specialises in contract and tort.
- Family Division - Deals with family matters.
- Chancery Division - Any other type of Civil Case. Also hears the appeals from the County Courts on cases involving wills and insolvency.
What is the Appeal Court for the Civil Court Structure?
Court of Appeal - Hears appeals from the High Court of Justice or County Court.
Supreme Court - Hears appeals from the Court of Appeal. Cases are heard by 5 Judges.
