Ethics 2 Flashcards
What are the 3 legal systems in the UK?
England and Wales
Scotland
Ireland
What is the separation of powers in the constitution?
Executive
Legislative
Judiciary
Why is there a separation of powers in the constitution?
To prevent one branch from exercising the core functions of another
To prevent the concentration of power
Provide checks and balances
What is the difference between the executive, legislative, judiciary branches?
The legislature makes laws
The executive puts those laws into effect and plans policy
The judiciary administers justice by interpreting the law when its meaning is disputed, ensuring it is upheld
What are the stages of a legislative bill in the house of commons?
First reading Second reading Committee stage Report stage Third reading (then goes to the house of lords)
What are the stages of a bill once it reaches the house of lords?
Same as the house of commons
(but the committee stage involves the whole house)
-once approved by the house of lords its undergoes royal assent. For approval by the monarch
What are some important Acts of parliament?
Abortion Act 1967 Children Act 1989 & 2004 Data Protection Act of 1998 Human Rights Act of 1998 Freedom of Information Act 2000 Mental Health Act 2007 Equality Act of 2010
What are the 3 rules regarding statutory interpretation?
The literal rule
The golden rule
The mischief rule
What is meant by the literal rule of statutory interpretation?
Should be the first rule applied by judges
-Where the words of the statute should be given in their natural and ordinary meaning
What is meant by the golden rule of statutory interpretation?
That a court may depart from the normal or literal meaning of the words when it bears an absurd result
What is meant by the mischief rule in the interpretation of statutory interpretation?
The rule gives the judge more discretion. The rule requires the court to look at what the law was before the statute was passed in order to discover what gap or mischief the statute is intended to cover
What is the difference between law and statute?
The common law means the law and procedural rules that have been created by the judges in the cases they have heard.
Statute law refers to a law that has been created by parliament in the form of a legislation
What are the divisions of public law?
Constitutional Law
Administrative Law
Criminal Law
What are the divisions of private law?
Contract Law
Tort Law
Employment Law
What is the difference between public and private law?
Public law affects society as a whole
Private law affects individuals, families and small businesses
What is the hierarchy of courts?
Magistrates court Crown court Family court County court High court Court of appeal Supreme court
What cases would go to the supreme court?
Serious cases such as murder, treason, civil cases involving more than 750,000 and civil matters such as wills, injunctions and admiralty
Where do almost all cases start?
Nearly all cases start in the magistrate’s court
- 95% of cases are dealt with in the magistrate’s court
- More serious offences are transferred to crown court or higher
What are some specialist courts?
Coroners court- cases which have an unknown cause
Court-martial - deal with military law
Financial court
What are tribunals?
Tribunals are specialist judicial bodies which decide disputes in a particular area of the law
What are some examples of tribunals?
Asylum and Immigration
Employment
Mental Health
What are the differences between civil and criminal law?
- Civil law deals with private individuals and companies, whereas criminal law is the prosecution of an individual by the director of public prosecutions
- Standard of proof in civil law is the balance of probabilities, but in criminal cases, it is beyond a reasonable doubt
- In civil cases, the burden of proof is on the claimant, whereas in criminal it is on the director of public prosecutions.
What is a law remedy?
Also referred to as judicial relief
-A court of law enforcing a right, imposes a penalty or makes another court order. To compensate for the harm of a wrongful act inflicted.
What are examples of civil law remedies?
Damages- pay for damages
Declaration-admit guilt
Injunction -stopping a certain action
Specific performance- must perform contractual obligation (used in breach of contract)
What are examples of criminal law remedies?
Imprisonment
Fine
Community sentences
Discharges
