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Level 4 Law for Accounting and Finance > English Legal System > Flashcards

English Legal System Flashcards

1
Q

What does law consist of

A

Law consists of enforceable rules that regulate society

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2
Q

What are the different rules of law

A

The different rules of law are:
- No one is above the law
- All individuals are equal before the law
- Protection against ultra vies

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3
Q

What does protection against ultra vies mean

A

Protection against ultra vies is protection against anyone acting beyond their legal authority

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4
Q

What are the three separate legal systems in the UK

A

The separate legal systems in the UK are:
- England and Wales
- Scotland
- Northern Ireland

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5
Q

What did the Act of Union 1707 do for Scotland

A

Act of Union 1707 allowed Scotland to keep their historical legal systems

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6
Q

What did the Act of Union 1800 do for Ireland

A

The Act of Union 1800 allowed Ireland to keep their historical legal systems

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7
Q

What is devolution

A

Devolution is the transfer of powers from the UK government to Regional Governments

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8
Q

What are the different devolved systems

A

Different devolved systems are:
- Scotland
- Wales
- Northern Ireland

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9
Q

What are reserved powers

A

Reserved powers are powers retained by the UK government

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10
Q

What does the separation of power mean

A

The separation of power means that state power in the UK is divided among 3 branches to prevent concentration of power

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11
Q

What are the three branches of government

A

The three branches of government are:
- Legislative (Parliament)
- Executive (Government)
- Judiciary (Courts & Judges)

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12
Q

What does the executive do

A

The executive implements and enforces laws

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13
Q

What does the judiciary do

A

The judiciary interprets and applies laws independently

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14
Q

What type of constitution does the UK follow

A

The UK follows an uncodified constitution

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15
Q

What did Section 3 of the Constitutional Reform Act 2005 guarantee

A

The Constitutional Reform Act 2005 guarantees judicial independence

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16
Q

What does a constitution set out

A

A constitution sets out the principles, laws, and rights of citizens

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17
Q

How does the UK constitution evolve

A

The UK constitution evolves through statutes, case law, and conventions

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18
Q

What does Part 3 of the constitutional reform act 2005 establish

A

Part 3 of the constitutional reform act 2005 established the UK Supreme Court, separating judicial power from the house of lords

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19
Q

What are the different sources of law in the UK

A

Different sources of law in the UK are:
- Primary legislation (Statute laws)
- Secondary legislation (Delegated legislation)
- Common law (Case law)
- Custom
- European law influence (Pre-Brexit)

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20
Q

What is statute laws

A

Statute laws are acts of parliament

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21
Q

What is delegated legislation

A

Delegated legislation are laws made by government ministers under Parliaments authority

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22
Q

What is case law

A

Case law is law developed through judicial decisions in court cases

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23
Q

What is source of law custom

A

Custom is historical customs with limited modern legal impact

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24
Q

What are the different types of legal systems

A

The different types of legal systems are:
- Adversarial system (Common law)
- Inquisitorial system (Civil law)

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25
What do judges rely on in the adversarial system
In an adversarial system judges rely on precedents and case law
26
What happens in adversarial system proceedings
In adversarial systems lawyers present evidence and arguments before an impartial judge or jury
27
What do judges do in an inquisitorial system
In the inquisitorial system judges take an active role in investigating cases
28
How is legal authority organised in inquisitorial systems
In inquisitorial systems legal authority is organised into written codes
29
What legal system does the UK use
The UK uses an adversarial system
30
What are the different types of law
The different types of law are: - Public law - Private law
31
What does public law govern
Public law governs the relationship between individual and state
32
What are the types of public law
Types of public law are: - Criminal law - Constitutional law - Administrative law - Human rights law
33
What is criminal law concerned with
Criminal law is concerned with punishing offenders who commit crimes against society
34
What does the Crown Prosecution service do
The Crown Prosecution service prosecutes cases on behalf of the state
35
What does private law regulate
Private law regulates disputes between private individuals or entities
36
What are examples of private law
Examples of private law are: - Contract law - Tort law - Family law - Property law
37
What does civil law do
Civil law resolves disputes where one party seeks compensation or enforcement of rights
38
What is the burden of proof like in criminal law
The burden of proof in criminal law is beyond reasonable doubt
39
What is the burden of proof like in civil law
Burden of proof in civil law is the balance of probabilities meaning the claimant must show their claim is more likely than others
40
What is the court of first instance in criminal law
In criminal law the court of first instance is the Magistrates Court or Crown Court
41
What is the court of first instance in civil law
The court of first instance in civil law is the county court or high court
42
Who decides the case in criminal law
In criminal law the judge or jury decides the case
43
Who decides the case in civil law
In civil law a judge decides the case
44
What are the possible outcomes in criminal law
In criminal law the possible outcomes are fines, prison, or community service
45
What are the possible outcomes in civil law
In civil law the possible outcomes are that the defendant must pay damages or perform a specific action
46
What do judges create law through
Judges create law through precedent
47
Why did equity develop
Equity developed as a separate body of law to address the limitations of common law
48
What remedies did equity provide
Equity provided remedies like: - Injunctions - Specific Performance - Recission
49
What are injunctions
Injunctions are orders to not do something
50
What is specific performance
Specific performance is compelling a contract to fulfil a contract
51
What is recession
recession is cancelling contracts
52
What did Lord Cowper in Lord Dudley v Lady Dudley describe equity as
Lord Cowper in Lord Dudley v Lady Dudley described equity as a system that prevents manipulation of the law
53
What did the Judicature Acts 1873-1875 do
The Judicature Acts 1873-1875 merged the equity and common law courts
54
What is the purpose of criminal law
The purpose of criminal law is to determine guilt and impose punishment
55
What is the purpose of civil law
The purpose of civil law is to resolve disputes and compensate for harm or loss
56
What do criminal court handle
Criminal courts handle cases involving offences against the state
57
What do civil courts deal with
Civil courts deal with disputes between individuals and organisations
58
What does the tribunal system handle
The tribunal system handles specific types of disputes, such as employment and immigration cases
59
What is the highest court of appeal
The highest court of appeal is the Supreme Court for both civil and criminal cases
60
What are the two main criminal courtss
The two main criminal courts are: - Magistrates Court - Crown Court
61
What does the magistrates court deal with
The magistrates court deals with less serious offences, and handles preliminary hearings for more serious offences
62
Who hears cases in the magistrates court
The cases in the magistrates court are heard by magistrates or district judes
63
Do magistrates have a jury
Magistrates do not have a jury
64
Who hears crown court cases
Crown court cases are heard by a judge and jury
65
What are the three levels of judges in the crown court
The three levels of judges in crown court are: - Circuit judges - Recorders - Higher Court Judges
66
What do circuit judges handle
Circuit judges handle serious cases and sentencing
67
Who are recorders
Recorders are part time judges handling less serious cases
68
What do high court judges handle
High court judges handle the most complex cases
69
When was the county court established
The county court was established in 1846
70
What does the County Court handle
The County Court handles cases under £50,000 and contract disputes under £100,000
71
What does the high court handle
The high court handles complex and high value civil cases
72
What three special branches is the high court divided into
The three special branches of the high court is divided into: - King's Bench Division - Family Division - Chancery Division
73
What does the King's Bench Division deal with
The King's Bench Division deals with contract and tort law, judicial review, and libel cases
74
What specialist courts is included in the King's Bench Division
The King's Bench Division includes: - Commercial Courts - Admiralty Court - Administrative Court
75
What do commercial courts handle
Commercial courts handle business disputes
76
What do admirality courts handle
Admirality courts handle maritime law
77
What does the family division handle
Family division handles family law matter
78
What does the Chancery division deal with
The Chancery division deals with company law, land law, tax, probate, and insolvency cases
79
what specialist courts does the chancery division consist of
Chancery division special divisions are: - Companies Court - Parents Court - Bankruptcy Court
80
What cases do the court of appeal hear
The court of appeal hears appeals from the County Court and High Court
81
What must cases have for an appeal
Cases must have legal grounds for appeal
82
Who makes decisions in the court of appeal
In the court of appeal decisions are made by three Lord Justice of Appeal
83
What are the possible outcomes in the court of appeal
Possible outcomes in the court of appeal are: - Appeal upheld - Appeal dismissed - Order for a retrial
84
What does the first-tier tribunal hear
The first tier tribunal hears appeals from citizens against decisions made by government bodies
85
What does the first-tier tribunal cover
The first tier tribunal covers areas such as employment law, immigration, and tax disputes
86
What does the upper tribunal reviews
The upper tribunal reviews from the first tier tribunal
87
What are the advantages of tribunals
The advantages of first tier tribunals are: - Less costly than courts - Faster and less formal procedures - Legal representation is not always required
88
What are the disadvantages of tribunals
Disadvantages of tribunals are: - Limited rights of appeal compared to traditional courts - Inconsistent decision making across different tribunals
89
What is the most senior court in the UK
The Supreme Court is the most senior court in the UK
90
What does the Supreme Court hear
The Supreme Court hears appeals from the court of appeal
91
What do Supreme Court decisions set
Supreme Court decisions set binding precedents for lower courts
92
Where are simple contract disputes heard
Simple contract disputes are heard in the County Court
93
Where are complex business disputes heard
Complex business disputes are heard in the Chancery division of the high court

Level 4 Law for Accounting and Finance (11 decks)

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