General Flashcards
Principal sources of Law
Parliament
&
decisions of Judges in Courts of Law
Legal systems
Criminal & Civil
Criminal courts deal with …
Disputes between the state and an individual
Civil courts deal with …
Disputes between 2 individuals
‘common law’ or ‘case law’
Decisions made by judges in the courts which may have evolved over time
‘Doctrine of precedent’
Consistency and predictability are assured by prior decisions of the courts on similar matters establishing precedent. Principles determined in a court will normally be binding to judges in an inferior court
Proof in a criminal case must be…
Beyond reasonable doubt- the jury ‘must be satisfied so that they are sure’
Proof in a civil case must be…
On the balance of probabilities-the facts asserted are more probable than not to accept them
Professional witness
Doctor gives factual medical evidence
Expert witness
Doctor gives an opinion about medical facts eg give an impartial and unbiased assessment or interpretation of the evidence they have been asked to consider- an expert witness is allowed to sit in court to listen to the other witnesses of fact
Duties of an expert witness
Duty is to the court and any opinion expressed must not be influenced by the person who requested it, or by whoever is funding it, but must be impartial, taking into account all the evidence , supporting it where possible with established scientific or medical research, and experts should revise the opinion if further or changed evidence becomes available.
Confidentiality may not apply
- if required by law
- if the patient consents - implicitly or expressly
- if justified in the public interest
- if reporting concerns about driving abilities
- reproting gunshot and knifewounds
- if reporting serious ciommunicable diseases
- reporting in relation to insurance or employment purposes
causation
the cause is substantial and significant (i.e. it is sufficient to have caused death) and that the outcome would not have occurred ‘but for’ the occurance of the illness, disease or alleged action
Statute Law
decided by Parliament and takes precedence over common law
supreme legal authority in UK
Parliament, however supremacy affected by enrance into EU with European law taking precendence over British Acts of parliament
main sources of law in UK
Parliament
EU
case law adjudicated by the courts
ECJ
European Courts of Justice
Luxembourgh
ECJ is final authority on european Law throughout member states, its deciaions take presedence over national law. where national law is found to be in conflict with European law, the former must be changed
ECHR
European Courts of Human Rights
Strasbourgh
Adjudicates on European Convention on Human Rights
‘stare decisis’
‘let the decision stand’
ratio decidendi
the reason for deciding
explanation of legal principles applied
the part of the judgement creating the binding precedent
obiter dicta
things said by the way
may influence other courts, so being persuasive, but is not binding
legal framework for expert witnesses
Civil Procedures Rules Rule 35
Code of Guidance on Expert Evidence
Criminal procedure Rules Rule 33
