Intro To Law Flashcards
Contract cases
Agreement between 2+ people that can be enforced by law
What is Judicial precedent
The source of law where past decisions of the judges create laws for future judges to follow
Sources of law
Acts of Parliament
European (EU) law
Judge made law
Other names for judge made law
Caselaw
Precedent
State decisis
Latin name for case law
Stare decisis
Meaning of precedent
An earlier even that is regarded as a guide to be considered in similar circumstances
How does precedent work
Look at written judgement in an earlier case
Work out the reason for a decision in that case
The reason for the decision is treated as a statement of law
Reason for the decision in Latin
Ratio decidendi
Ratio decidendi
Reason for the decision
Meaning of liable
Responsible by law - court will enforce payments
The purpose of civil cases
To obtain compensation San settle disputes
The purpose of criminal cases
To punish and deterrence
Who starts a civil case
The individual affected
Who starts a criminal case
The state/government through the crown prosecution service (cps)
Legal names for people in a civil case
Claimant
Defendant
Legal names for people in a criminal case
Prosecution
Defendant
Courts of first instance in civil cases
County court
High court
Courts of first instance in criminal cases
Magistrates court
Crown court
Appellate courts
Court of appeal
Supreme Court
(In civil cases can be ecj)
Standard of proof in civil cases
On the balance of probabilities
Standard of proof in criminal cases
Beyond reasonable doubt
Person deciding case in civil
Judge (occasionally jury in defamation cases)
Person who decides case in criminal
Magistrates
Judge and jury
Terminology for civil cases
Liable
Terminology for criminal cases
Guilty
Powers of court in civil cases
Compensation (damages)
Injunction
Specific performance/rescission
Powers of court in criminal cases
Punishment Imprisonment Fine Suspended sentence Community service
What is a defamation case and what is it called when written down and when it’s spoken
Get compensation for damage to reputation
Libel (written down)
Slander (spoken)
-jury in a civil court
Fault liability system
Having to prove someone is AT FAULT in order to get compensation
No fault liability system
Even if the person is not at fault ur they caused it then that person will pay compensation
Binding precedent
Has to be followed, can be made by more superior courts
Persuasive precedent
Can influence the final ratio but does not have to be followed, can be made by courts lower in the hierarchy.
The older the precedent the more binding (highly persuasive) it is
What does Stare decisis mean
Fairness to abide by principles established in earlier cases
When can a precedent be used
If a previous case has similar MATERIAL facts to the current case
When can claim in Tort be used
When someone has not made a contract but had also not rejected a proper duty of care
Other things said
Obiter dicta (dictum)
Overruling
When a higher court overturns the principles (ratio) of an earlier case with similar material facts
Reversing
When a higher court in the same case overturns the decision made by a less senior court
Distinguishing
A method of avoiding a previous principle because you argue that the material facts in the present case are too different
Disapproving
When a judge States in his judgement that he thinks an earlier principle is wrong, he can’t necessarily overrule it though
The principle sources of law in the UK
Acts of Parliament, case law and human rights (European court of human rights)
