Intro to English Law Flashcards
Where will you encounter the law?
Law is vital for achieving social order.
Used to protect the interests of the vulnerable (children and those with mental illness)
What is civil law?
The body of laws dealing with the rights and duties owned by individuals and organisations to each other
What is criminal law?
The body of laws owed to society as a whole
What are plaintiffs?
Means the same as claimants (old fashioned term)
What is the burden of proof and what does this mean?
This means that the onus is on the claimant to prove their case.
Applies in civil law.
What is the standard of proof?
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.
The remedy of compensation is known as what?
Damages
Applies in civil law
Who is the defendant in a criminal case?
Sometimes known as the accused.
In criminal trials, they will be prosecuted by the state
Who are the prosecution in criminal law?
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.
In criminal law, what is the burden of proof?
It’s on the prosecution and means that the prosecution must prove its case
Define beyond reasonable doubt in terms of criminal law.
Making the decision that the prosecutions evidence is so strong that it is not reasonable in your opinion to doubt it
When did common law and equity come about?
Middle Ages
What is common law?
A body of law developed as written judgements by judges setting out their reasoning for their decision in individual cases.
What makes this aspect of the law common law?
The fact that it could be applied to the whole of England and eventually wales
What remedy is available under common law?
Damages
What is equity?
It means fairness and was created by Catholic Church lawyers as they sought to develop legal principles based on a wider sense of justice
What is mortgage?
An owner of land could borrow money and the lender could take possession of it if the debt was left unpaid.
What is a trust?
Enabled property to be looked after by an adult but it’s owners who were usually children retained their ownership rights
What caused the merge of common law and equity?
The judicature acts 1873-75 merged common law courts and the court of chancery and required all courts to apply common law and equity.
What if common law clashes with equity?
The courts must apply equity in all cases of this instance
Is equity discretionary?
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
In terms of mortgages, who is the mortgagor and who is the mortgagee?
Mortgagor: person who owns the land
Mortgagee: the person to whom the mortgage is granted
Who forms a trust?
The trustee is legal owner of property for the benefit of the beneficiary
