Intro to English Law

Question 1

Where will you encounter the law?

Answer 1

Law is vital for achieving social order.

Used to protect the interests of the vulnerable (children and those with mental illness)

Question 2

What is civil law?

Answer 2

The body of laws dealing with the rights and duties owned by individuals and organisations to each other

Question 3

What is criminal law?

Answer 3

The body of laws owed to society as a whole

Question 4

What are plaintiffs?

Answer 4

Means the same as claimants (old fashioned term)

Question 5

What is the burden of proof and what does this mean?

Answer 5

This means that the onus is on the claimant to prove their case.
Applies in civil law.

Question 6

What is the standard of proof?

Answer 6

The weight of the evidence that is required for either party to win the case. One must be slightly more convincing than the other. Evidence must be proved on the balance of probabilities.
Applies in civil law.

Question 7

The remedy of compensation is known as what?

Answer 7

Damages

Applies in civil law

Question 8

Who is the defendant in a criminal case?

Answer 8

Sometimes known as the accused.

In criminal trials, they will be prosecuted by the state

Question 9

Who are the prosecution in criminal law?

Answer 9

Usually the crown prosecution service (cps)
The police will prosecute more minor offences and other independent bodies such as FCA will prosecute within their area of expertise.

Question 10

In criminal law, what is the burden of proof?

Answer 10

It’s on the prosecution and means that the prosecution must prove its case

Question 11

Define beyond reasonable doubt in terms of criminal law.

Answer 11

Making the decision that the prosecutions evidence is so strong that it is not reasonable in your opinion to doubt it

Question 12

When did common law and equity come about?

Answer 12

Middle Ages

Question 13

What is common law?

Answer 13

A body of law developed as written judgements by judges setting out their reasoning for their decision in individual cases.

Question 14

What makes this aspect of the law common law?

Answer 14

The fact that it could be applied to the whole of England and eventually wales

Question 15

What remedy is available under common law?

Answer 15

Damages

Question 16

What is equity?

Answer 16

It means fairness and was created by Catholic Church lawyers as they sought to develop legal principles based on a wider sense of justice

Question 17

What is mortgage?

Answer 17

An owner of land could borrow money and the lender could take possession of it if the debt was left unpaid.

Question 18

What is a trust?

Answer 18

Enabled property to be looked after by an adult but it’s owners who were usually children retained their ownership rights

Question 19

What caused the merge of common law and equity?

Answer 19

The judicature acts 1873-75 merged common law courts and the court of chancery and required all courts to apply common law and equity.

Question 20

What if common law clashes with equity?

Answer 20

The courts must apply equity in all cases of this instance

Question 21

Is equity discretionary?

Answer 21

Yes, a court can decide that the principles of common law are adequate and that it is not appropriate to use equitable principles and remedies

Question 22

In terms of mortgages, who is the mortgagor and who is the mortgagee?

Answer 22

Mortgagor: person who owns the land
Mortgagee: the person to whom the mortgage is granted

Question 23

Who forms a trust?

Answer 23

The trustee is legal owner of property for the benefit of the beneficiary