English Legal System

Question 0

What are sources of statute law?

Answer 0

Commons, Lords -legislative. PM, cabinet - executive. Appointed judges -judiciary.

Question 1

What are the 2 ways that laws are made?

Answer 1

Through Acts passed in parliament (statute law) or through judges verdicts (common law)

Question 2

Describe judicial precedent and provide a case that shows this.

Answer 2

Judicial precedent is set by judges when they use their cases as sources of law. An example being r v r (1991).

Question 3

Name the 3 types of equitable remedy?

Answer 3

Rescission - restoring the situation to how it was before, injunctions - to stop the defendant doing something in particular, and specific performance - any other judge-ordered remedy.

Question 4

What’s the difference between damages and equity?

Answer 4

Damages are financial.

Question 5

What does ratio decidendi mean?

Answer 5

The point in the case which determines the judgement, the reason/rationale.

Question 6

What is the Latin phrase associated with judicial precedent and what does it mean?

Answer 6

Stare decisis - “to stand by things decided”

Question 7

Give examples of 3 other people or organisations that can influence law.

Answer 7

Advisory agencies, media and individual MPs (through private members’ bills).

Question 8

Give examples of 2 cases where law was reformed through judicial precedent and what law changed.

Answer 8

Sarah Payne - people know if a registered sex offender moves near them. Stephen Lawrence - suspects can be retried for the same crime.

Question 9

What is the title structure in criminal cases?

Answer 9

R v defendant (year)

Question 10

What is the purpose of criminal cases?

Answer 10

To determine the punishment (or in some cases there is a rehabilitative element).

Question 11

Who bears the burden of proof in criminal cases?

Answer 11

The crown prosecution service.

Question 12

What kinds of personnel are present in criminal cases?

Answer 12

Lay personnel - either magistrates or jury.

Question 13

What is the title structure of civil cases?

Answer 13

Claimant v defendant (year)

Question 14

What is the purpose of civil trials?

Answer 14

To compensate (either financially or otherwise)

Question 15

Who bears the burden of proof in civil cases?

Answer 15

The claimant.

Question 16

What is the standard of proof in criminal cases?

Answer 16

“Beyond reasonable doubt”

Question 17

What is the standard of proof for civil cases?

Answer 17

“On a balance of probabilities”

Question 18

What does ADR stand for?

Answer 18

Alternative Dispute Resolution.

Question 19

What are the different types of ADR?

Answer 19

Arbitration - acts as an alternative to courts, an arbitrator has legally binding verdicts - the parties select one to evaluate liability. Mediation - parties try to resolve disputed between themselves in accordance (or not) with the view of a mediator. Conciliation - similar to mediation except that a conciliator sets a basis for settlement.

Question 20

What is a tribunal?

Answer 20

Tribunals hear only certain types of cases. They have 3 members, 1 of whom is legally qualified with 2 lay personnel who have specific knowledge relevant to the case.