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Common Law > General > Flashcards

General Flashcards

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0
Q

When was Sir William Blackstone alive?

A

1723-1780

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1
Q

When did the uk become part of the EU?

A

1972

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2
Q

Why did sir William Blackstone write?

A

Commentaries on the law of England 1765-1769

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3
Q

What constitutes the written law?

A

Judicial decisions

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4
Q

How do statutes affect inconsistent law?

A

The override

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5
Q

How is it justifiable that parliament creates supreme law?

A

It is a democratic body elected by the people

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6
Q

Who was Sir Edward Coke?

A

Chief Justice of the kings bench

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7
Q

What is the HRA?

A

The human rights act 1998

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8
Q

What is the ECA?

A

The European communities Act 1972

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9
Q

How did the HRA domesticate the ECHR?

A

Convention rights are part of English law

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10
Q

What was the purpose of the HRA?

A

To redress the balance between the courts and parliament

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11
Q

3 principles of fair trial rights

A

Relate to Integrity of procedure
Inform participation of the parties
Inform principle if open justice

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12
Q

2 fundamental rules of natural justice in civil cases

A

Right to be heard

Rule against bias

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13
Q

What is the normative theory

A

Z

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14
Q

Does article 6 privilege criminal or civil?

A

Criminal

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15
Q

What does Independent and impartial relate to

A

The integrity principle

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16
Q

Databases

A

Lexis library
West law
Cambridge journals
Just cite

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17
Q

Constitutional reform act

A

2005

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18
Q

Why is legal discourse about?

A

Authority. Previously decided definitions and interpretations

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19
Q

Are county courts bound by their own decisions?

A

No

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20
Q

What is per incuriam?

A

Z

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21
Q

When was the house f lords replaced by the Supreme Court?

A

2009

22
Q

From 1966 what happened to the House of Lords?

A

No longer void by own decision

23
Q

What terms are used for agreeing disagreeing in a judgement

A

Concurring dissenting

24
Q

Distinguishing does what?

A

Highlights differences

25
Q

What is a rhetoric?

A

Z

26
Q

How is precedent said to be a form of public reason?

A

Judges give reasons for decisions

Decisions must be justified

27
Q

Who is the audience of a judge?

A

Lawyers and parties
Academics and law students
Public

28
Q

Doctrine of precedent

A

Must be a stable system
Be coherent
Clear
Allow change

29
Q

Where is the ECtHR?

A

Strasbourg

30
Q

What was said in pepper v hart about legislation?

A

Which is ambiguous or obscure or the literal meaning which leads to obscurity

31
Q

How is the HRA interpreted?

A

So far as possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with convention rights

32
Q

What is purposive interpretation?

A

Z

33
Q

Judges functions

A

Decide questions of law
Procedure
Costs
Sentencing

34
Q

Was The Lord Chantelle elected?

A

No

35
Q

What did the constitutional reform act 2005 do?

A

Created a new system for the appointment of judges and magistrates

36
Q

Values of civil procedure?

A

Integrity
Participation
Open justice

37
Q

Human rights review 2012

A

Removing legal aid from areas of civil law may mean that some people do not have access to a fair hearing.

38
Q

Why is there a duty to give reasons?

A

Justice muse not only be some but be seen to be done

39
Q

Why is ADR problematic?

A

It assumes parties are equal

40
Q

What is due process?

A

Equal protection of the laws

41
Q

What are the divisions of the high court?

A 
Queens bench div
Family div
Chancery div
Administrative court
Divisional court
42
Q

What is syntax?

A

Grammatical use of words

43
Q

What is state decisis?

A

Binding precedent

44
Q

What what my case study?

A

Regina (rottman) v commissioner of the police of the metropolis 2002 UKHL 20

45
Q

Where was the case in study first heard ?

A

divisional court Of the queens bench division

46
Q

What judges where in the case study

A 
Nichols 
Hoffman 
Hope
Hutton 
Rodger
47
Q

What was the ratio in the case study?

A

In enacting PACE parliament refrained from abolishing the common law powers of police officers executing an arrest warrant.
Deliberately left powers and corresponding safeguards

48
Q

What did Lord Craighead say?

A

Dissenting. The sole purpose was to arrest not to search

49
Q

What did lord Hutton say?

A

Common sense that to search the room could expand to the house

50
Q

What did Lord Roger say?

A

Police officers had the power to enter an search for the purpose of the arrest

51
Q

Who did lord Nichols agree with?

A

Hutton Hope Hoffman and Rodger

52
Q

What are is legislation in the case study

A

The police and Criminal evidence act 1984

The human rights act 1988

Extradition act 1989

Common Law (2 decks)

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