General Legal Concepts Flashcards
Give examples of private law- relationship between individuals n corporate bodies or just individuals
Law of contrAct
Law of tort ( agent being negligent)
Law of properties ( eg if property if freehold or leasehold )
Give example of division in public law - relationship between gov and local authorities and with individuals or corporate bodies
Civil can be public or private and criminal can be private or public
Criminal law eg breaching protection from eviction act 1977
Criminal law covers activities detrimental to society
Civil law
What are 6 sources of law
Legislation Judicial precedent Custom Books of authority Law commission European Union
Legislations
Legislation is form of law making
Legislation comes in the form of acts of parliament
Power to make law is given to pArliament
Courts must apply laws they can interpret law
Legislation can be called statute law
Judicial precedent
Where new case is decided by referring to old case
Customs
Common law originated from Anglo Saxons n developed by Norman’s in 1066
Common law developed from customs
Common law relied on writs served by lord chancellor
Common law remedy are damages
Books of authority
Legal books quoted by lawyers
Law commission
It’s body established under law commission act 1965- consists of chairman and 4 high standing lawyers
It’s independent from gov or bar council
European law
Many uk health and safety discrimination environment n legislation come from Europe since joining in 1972
Equity
Fills gaps left by common law
It can award:
Specific performance : in case of Breach of contract person not fulfilling this could be made to do so
Injunction - order to stop defendant from doing sth
Which law prevails in common law and equity are in conflict
Equity law
