English Legal System and Courts Flashcards
Describe the core principles which underpin the UK/British constitution
The UK constitution is unwritten, meaning it’s not on one single document as in the USA.
Instead, the constitution is made up of various conventions and statutes, making it uncodified and eclectic.
The proposal to have a written constitution would not be popular, as Parliament have absolute sovereignty, so a written constitution would contradict this.
Describe key features of the UK/British constitution
Citizens have negative rights/freedoms meaning they are free to do whatever they like as long as no laws clearly prohibit the action.
The constitution has core principles including the right to a fair trial, everyone being equal in the eyes of the law, and the ability to have a judicial review meaning to challenge a court decision.
Reasons for challenging a court decision (Judicial review)
Reasons for challenging a court decision could be improper application of procedure, illegality of the decision or if the decision made is unreasonable.
Describe the main written ‘sources’ that the UK/British constitution is derived from.
Primary Legislation- these are the acts of parliament/statutes (the laws)
Delegated Legislation- these are instruments which show how the acts will work (how the laws work in practice)
Draft Legislation (Bills)- all acts start as bills, which are proposals but are not yet law
Describe the legal system(s) in England & Wales
Common law legal system or ‘judge made law’ meaning it derives from decisions by the courts in civil and criminal law typically, both with independent procedural rules.
The powers are separated into legislature (parliament), the executive (government) and the judiciary (the courts)
Parliament has absolute sovereignty but the process of creating an Act involves multiple parties and steps, including royal assent.
Describe the 7 foundation subjects that a lawyer would typically study
Tort- a civil wrong (negligence, breach of duty)
Criminal- an offence to the state (murder, etc) this carries a larger burden of proof
Equity and trusts- wills etc
Public/constitutional- the functioning of the law
Property/land- ownership disputes et
EU law- retained law under Brexit
Contract- agreements between two or more parties (tenancy agreements, retainers etc)
Describe which 2 branches of law court decisions more generally fall into
Civil law- an offence to the person
Criminal law- an offence to the state
A person could face both criminal and civil actions for a crime.
Describe the structure of the civil court system
Criminal law- aims to prosecute criminals, deal out appropriate punishment such as fines, imprisonment, community service etc. Typically has a jury. Has a higher burden of proof.
Civil law- aims for redress and compensation, solves disputes on the balance of probabilities, does not typically have a jury. There is a limitation period.
Describe the structure of the civil court system
Criminal- case heard in magistrates court first, then crown court, then court of appeal and then supreme court.
Civil- case heard in county court first, then high court of justice (in the appropriate division), then court of appeal and then supreme court.
Describe which courts are the “senior” courts and why this is relevant
The High Court of Justice, the Crown Court and the Appeal Court are the senior courts.
This is relevant because they have more authority in their decisions generally. The Supreme Court can overrule their decisions.
Describe which courts are the “lower” courts and why this is relevant
The lower courts include the County Court and the Magistrates Court.
This is relevant because their decisions are not binding, and higher courts can overrule them. They must follow precedent.
Specialist courts
Among other specialist courts, since October 2015, a specialist Financial List handles claims
related specifically to the financial markets. The claim is brought on the basis that it raises
issues of general importance to the financial markets
Stages of passing a law- house of commons or house of lords start this process
Green Paper
White Paper
(Law Commission Report)
Government Bill
(Private Members Bill)
House of Commons
House of Lords
Royal Assent
Types of command papers
o Green Papers: these are consultation papers which set out
government proposals that are still taking shape. Comments are
invited from persons or bodies within a certain consultation
period.
o White Papers: These follow a Green Paper and sets out the
governments’ firm policy in light of the consultation
o State papers – including treaties and international agreements
o Some government responses to Select Committee reports
o Reports of Royal Commissions and some other Committees of
Inquiry
o Statistics and annual reports of some government bodies
Structure of Parliament
While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament.
