English Legal Systems Flashcards
What is law
Law is a system of rules
What does the rule of law ensure
The rule of law ensures rules are applied equally and fairly
What are the three essential elements of rule of law
Three essential elements of rule of law are:
- No-one is above the law
- All are equal before the law
- Protection against acting ultra vies
What does no-one is above the law assert
The principle no-one is above the law asserts that all individuals are subject to the law
What does the principle no-one is above the law safeguard people against
The principle no-one is above the law safeguards against tyranny and arbitrary rule
What is equality before the law crucial in maintaining
Equality before the law is crucial in maintaining public trust in the legal system
What does the principle of ultra vies act as a safeguard against
The principle of ultra vies acts as a safeguard against anyone acting beyond its legal authority
What can happen if an entity exceeds its given powers
If an entity exceeds its given powers its actions can be challenged and declared void
What are the three distinct legal systems in the UK
The three distinct legal systems in the UK are:
- England and Wales
- Scotland
- Northern Ireland
What is the division of legal systems in the UK a result of
The division of legal systems in the UK is a result of historical developments
What did the Acts of Union 1707(Scotland) and 1800(Ireland) allow Scotland and Ireland to retain
The Acts of Union 1707 and 1800 allowed Scotland and Ireland to retain their distinct legal traditions
What principles is England and Wales legal system based on
England and Wales legal system is based on a common law legal system
What do common law systems rely on
Common law systems rely on judicial precedent and case law alongside statutory law
What are statute laws
Statute laws are laws passed by parliament
What is common law
Common law is judge made law developed through case decisions
What legal system does Scotland have
Scotland has a mixed legal system
What does a mixed legal system incorporate
A mixed legal system incorporates both civil law and common law
What act was Scotland’s legal system preserved under
Scotland’s mixed legal system was preserved under the Act of Union 1707
What are the different sources of law in Scotland
The different sources of law in Scotland are:
- Acts of Scottish Parliament
- Roman law influence
- Common law
What legal system does Northern Ireland use
Northern Ireland uses a common law legal system
What are the sources of law in Northern Ireland
The sources of law in Northern Ireland are:
- Statutes of the Northern Ireland Assembly
- Common law
- UK legislation
What formed the Northern Ireland assembly
The Good Friday Agreement 1998 formed the Northern Ireland assembly
What is devolution
Devolution is the transfer of powers from the UK government to regional governments
When did calls for devolution begin
Calls for devolution began in the 19th and early 20th century
What act granted Scotland devolution
The Scotland act 1998 granted Scotland devolved powers
What act granted Wales devolution
The Government of Wales Act 1998 granted Wales devolved powers
What act granted Northern Ireland devolution
The Northern Ireland Act 1998 granted Northern Ireland devolved powers
What are reserved powers
Reserved powers are powers maintained by the UK government
What are the three branches of the separation of powers
The three branches of the separation of powers are:
- The legislature (Parliament)
- The executive (Government)
- The judiciary (The Courts)
What does the legislature do
The legislature makes laws
What does the executive do
The executive enforces laws
What does the judiciary do
The judiciary interprets and applies laws
What does the separation of powers ensure
The separation of powers ensures that power isn’t concentrated in one body
Why doesn’t the UK have a strict separation of powers
The UK doesn’t have a strict separation of powers due to its unwritten constitution
What is the legislature composed of
The legislature is composed of:
- The House of commons
- The House of lords
- The Monarch
What is parliaments primary function
Parliaments primary function is to create, amend and repeal laws
How can Parliament hold the government accountable
Parliament can hold the government accountable through votes of no confidence
How can Parliament limit judicial power
Parliament can limit judicial power by passing new legislation
What is the executive responsible for
The executive is responsible for implementing and enforcing laws
What does the executive consist of
The executive consists of:
- The Prime Minister
- The Cabinet
- The Civil Service
What is the judiciary responsible for
The judiciary is responsible for interpreting and applying the law
Who does the judiciary operate independently from
The Judiciary operates independently from Parliament and the government
What are the key courts of the judiciary
Key courts of the judiciary are:
- The Supreme Court
- The Court of Appeal
- The High Court
- Lower Courts (Magistrates Court and Crown Courts)
What does the judiciary enforce
The judiciary enforces the rule of law
What does the judiciary determine the legality of government actions through
The judiciary determines the legality of government actions through judicial review
When did the House of Lords stop being the highest court in the UK
With the Constitutional Reform Act 2005 the House of Lords stopped being the highest court
What Court did the Constitutional reform Act 2005 establish
The Constitutional Reform Act 2005 established the Supreme Court in 2009
What did the Constitutional Reform Act 2005 end
The Constitutional Reform Act 2005 ended the Lord Chancellor’s role as head of the judiciary
What does the constitution of a country define
The constitution of a country defines its fundamental principles, laws and the rights of its citizens
Does the UK tave a written constitution
The UK does not have a single written or codified constitution
What is constitutional framework based of in the UK
In the UK constitutional framework is based of statute law, common law, conventions, and legal precidents
What does an uncodified constitution allow for
An uncodified constitution allows for adaptability and flexibility
What different sources is UK constitution derived from
UK constitution is derived from multiple sources like:
- Statute law
- Common law
- Constitutional conventions
- Royal prerogative powers
- Works of authority
What are statute laws
Statute laws are laws passed by parliament
What is common law
Common law is judge made law
What are constitutional conventions
Constitutional conventions are unwritten traditions
What are royal prerogative powers
Royal prerogative powers are historical powers of the crown
Who is the supreme legal authority in the UK
Parliament is the supreme legal authority in the UK
What does Parliament being the supreme legal authority in the UK allow it to do
Parliament being the supreme legal authority in the UK allows it to make or repeal any law
Can any court overrule an Act of Parliament
No court can overrule an Act of Parliament
What branches was the lord chancellor part of before the constitutional reform act 2005
Before the constitutional reform act 2005 the lord chancellor was a part of all three branches
What did section 3 of the constitutional reform act grant the judiciary independence from
Section 3 of the constitutional reform act granted judicial independence from the executive
What was the highest court in the UK before 2009
Before 2009 the house of lords was the highest court in the UK
Why did the house of lords being the highest court blur the separation of powers
The house of lords being the highest court blurred the separation of power as senior judges sat in the legislator while acting in court
What is the highest appeal court in the UK post 2009
Post 2009 the Supreme Court is the highest appeal court in the UK
What are the two main legal systems
The two main legal systems of the world are:
- Common law
- Civil law
What is the common law system based on
The common law system is based on judicial precident
What are the key features of a common law legal system
Key features of a common law legal system are:
- Precedent based
- Judge-made law
- Adversarial proceedings
- Jury system
What does it mean that courts are precedent based
Courts being precedent based means they follow past decisions
What does judge made law mean
Judge made law means judicial decisions shape legal principles and doctrines over time
What is an adversarial system involve
An adversarial system means lawyers from both sides present arguments, and an impartial judge determines the outcome
How is common law flexible
Common law is flexible as judges can adapt the law to new situations
How does common law have legal certainty
Common law has legal certainty as precedents ensure consistency in decision making
Why is judicial power bad in common law
In common law unelected judges can basically make laws
How can common law be complex
Common law can be complex as case law can be difficult to navigate due to the large volume
What is a civil law system based on
A civil law system is based on a comprehensive written codes
What are the key features of civil law
Key features of civil law are:
- Codified laws
- Less reliance on precedent
- Inquisitorial process
- No jury system in most cases
What are codified laws
Codified laws are laws written in codes
What does the inquisitorial process mean
Inquisitorial process means judges have an active role in investigating cases
How does civil law provide clarity and simplicity
Civil law provides clarity and simplicity as written codes provide clear rulings
How is civil law efficient
Civil law is efficient as the inquisitorial system aims to avoid lengthy adversarial trials
What does reduced judicial discretion mean
Reduced judicial discretion means judges must apply codified laws rather than interpreting precedent
How is civil law rigid
Civil law is rigid as codified laws may not adapt quickly to new social issues
How is there less judicial independence in civil law
In civil law judges are less independent as judges have less discretion then in common law
Why is there a potential bureaucratic delay in civil law
The strict adherence to written codes can lead to slower legal development
How does Scotland’s mixed legal system work
Scotland has elements of civil law in private law and common law in public law
What does public law govern
Public law governs the relationship between individuals and the state
What are the key areas of public law
The key areas of public law are:
- Criminal law
- Constitutional law
- Administrative law
- International law
What is criminal law concerned with
Criminal law is concerned with offences against the state or society as a whole
Who are criminal acts prosecuted by
Criminal acts are prosecuted by the state
What may offenders of criminal law face
Offenders of criminal law face penalties such as imprisonment, fines, and community services
What does constitutional law govern
Constitutional law governs the structure and functioning of government institutions
What does constitutional law establish
Constitutional law establishes fundamental rights and duties of individuals and the state
What does administrative law regulate
Administrative law regulates decisions made by public authorities and government agencies
What does international law govern
International law governs the relationship between state and international entities
What does private law regulate
Private law regulates legal relations between individuals and businesses
What are the key areas of private law
Key areas of private law are:
- Contract law
- Tort law
- Property law
- Family law
- Company law
What does contract law govern
Contract law governs legally binding agreements between parties
What does tort law provide remedies for
Tort law provides remedies for civil wrongs that cause harm or loss to individuals
What does property law regulate
Property law regulates ownership, use, and transfer of property
What does family law govern
Family law governs legal relations within families
What does company law govern
Company law governs the formation, management, and dissolution of business
What is the burden of proof like in Criminal law
In criminal law the burden of proof is beyond reasonable doubt
What is the burden of proof like in civil law
In civil law the claimant must prove their case on the balance of probabilities
Who are criminal cases prosecuted by
Criminal cases are prosecuted by the Crown Prosecution Service
Who is the accused in criminal casses
The accused in the individual charged with committing a criminal offence
Who initiates the case in civil law
In civil law a claimant initiates the case against a defendent
What is the age of criminal responsibility
The age of criminal responsibility is 10
When was the age of criminal responsibility estabilshed
The criminal age of responsibility was established under the Children and Young Person Act 1933
What justice system do people aged between 10-17 deal with
If a child is aged 10-17 commits a crime they are delt with in youth justice system
What is the purpose of criminal law
The purpose of criminal law is to maintain order by preventing and punishing crimes
What are the key objectives of criminal law
Key objectives of criminal law are:
- Punish offenders
- Deter future crimes
- Rehabilitate offenders
- Provide justice for victims
What is the purpose of civil law
The purpose of civil law are to resolve disputes between individuals and organisations
What are the key objectives of civil law
Key objectives of civil law are:
- Compensate victims
- Enforce contracts
- Restore rights
- Ensure fairness
Who are criminal cases initiated by
Criminal cases are initiated by the state
Who are civil cases initiated by
Civil cases are initiated by a private party
Who sues who in civil law
In civil law the claimant sues the defendant
Where do all criminal cases start
All criminal cases start in the magistrates court
Where are serious criminal offences tried
Serious criminal cases are heard in the Crown Court
What are the majority of civil cases delt with
The majority of civil cases are delt with by the County Court
Who decides summary offences in criminal cases
A magistrate or district judge decide the verdict with summary offences
Who decides the case with indictable offences
A jury determines guilt or inconvenience
Who decides the case in civil law
In Civil law a single judge decides the case
What are the possible outcomes for civil law
The possible outcomes for civil law are:
- Imprisonment
- Fines
- Community service
- Prohibition
What are the possible outcomes for civil law
Possible outcomes for civil law are:
- Pay damages
- Comply with an injunction
- Fulfil a contract
- Declaration of rights
What do criminal courts deal with
Criminal courts deal with offences against the state
What is the hierarchy of the criminal courts
The hierarchy of the criminal courts are:
- Supreme Court
- Court of Appeal
- Crown Court
- Magistrates Court
What does the magistrates court handle
The Magistrates Court handles less serious offences
Who are cases heard by in the magistrates court
In the magistrates court cases are heard by :
- Lay Magistrates
- District Judges
Who are lay magistrates
Lay magistrates are volunteers without legal formal training
Are district judges legally qualified
District judges are legally qualified professionals
What is the sentencing power of the magistrates court
The sentencing power of the magistrates court are up to 6 months imprisonment for a single offence or 12 months for multiple offence
What does the crown court handle
The Crown Court handles serious criminal offences
Who hears cases in the crown court
Cases in the crown court are heard by:
- A judge
- A jury
How many members are there in a jury
There are 12 members in a jury
What is the sentencing power of the crown court
The sentencing power of the crown court is unlimited
What are the types of cases in the crown court
The types of cases in the crown court are:
- Cases referred from the magistrates court
- Trials for indicatable offences
What does the court of appeal hear
The Court of Appeal hears appeals from the crown court
Who are cases heard by in the court of appeal
Cases in the court of appeal are heard by senior judges
What are the powers of the court of appeal
The powers of the court of appeal are uphold, overturn, or modify lower court decisions
What is the role of the supreme court
The role of the supreme court is its the highest appeal court in the UK for criminal cases
What does the supreme court deal with
The supreme court deals with cases that involve point of law of general public importance
What do civil courts deal with
Civil courts deal with disputes between individuals, businesses, and organisations
What is the hierarchy of civil courts
The hierarchy of civil courts are:
- Supreme Court
- Court of Appeal
- High Court
- County Court
What does the County Court deal with
The County Court handles lower value civil cases
Who are cases heard by in county courts
Cases in county courts are heard by district judges or circuit judges
What are the powers of county courts
County courts can award damages, issue injections, and hear enforcement actions
What does the high court deal with
The high court deals with complex or high valued civil cases
What are the divisions of the high court
The divisions of the high court are:
- Queens Bench Division
- Chancery Division
- Family Division
What does the Queens bench division handle
The Queens bench division handles contract and tort cases, judicial reviews, and libel cases
What does the Chancery division deal with
The Chancery division deals with trusts, probate, bankruptcy, and intellectual property disputes
What does the family division handle
The family division handles divorce, child custody, and domestic issues
What does the tribunal system offer an alternative thing to do
The tribunal system offers an alternative way to resolve disputes
What are the two tiers of the tribunal system
The two tiers of the tribunal system are:
- First-Tier Tribunal
- Upper Tribunal
What does the First-Tier Tribunal hear
The First-Tier Tribunal hears appeals for individuals challenging government department decisions
What does the upper tribunal hear
The upper tribunal hears appeals from first-tier tribunal systems
