English Legal System Flashcards
What are sources of statute law?
Commons, Lords -legislative. PM, cabinet - executive. Appointed judges -judiciary.
What are the 2 ways that laws are made?
Through Acts passed in parliament (statute law) or through judges verdicts (common law)
Describe judicial precedent and provide a case that shows this.
Judicial precedent is set by judges when they use their cases as sources of law. An example being r v r (1991).
Name the 3 types of equitable remedy?
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.
What’s the difference between damages and equity?
Damages are financial.
What does ratio decidendi mean?
The point in the case which determines the judgement, the reason/rationale.
What is the Latin phrase associated with judicial precedent and what does it mean?
Stare decisis - “to stand by things decided”
Give examples of 3 other people or organisations that can influence law.
Advisory agencies, media and individual MPs (through private members’ bills).
Give examples of 2 cases where law was reformed through judicial precedent and what law changed.
Sarah Payne - people know if a registered sex offender moves near them. Stephen Lawrence - suspects can be retried for the same crime.
What is the title structure in criminal cases?
R v defendant (year)
What is the purpose of criminal cases?
To determine the punishment (or in some cases there is a rehabilitative element).
Who bears the burden of proof in criminal cases?
The crown prosecution service.
What kinds of personnel are present in criminal cases?
Lay personnel - either magistrates or jury.
What is the title structure of civil cases?
Claimant v defendant (year)
What is the purpose of civil trials?
To compensate (either financially or otherwise)
Who bears the burden of proof in civil cases?
The claimant.
What is the standard of proof in criminal cases?
“Beyond reasonable doubt”
What is the standard of proof for civil cases?
“On a balance of probabilities”
What does ADR stand for?
Alternative Dispute Resolution.
What are the different types of ADR?
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.
What is a tribunal?
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.
