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A Level Law > Intro To Law > Flashcards

Intro To Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Contract cases

A

Agreement between 2+ people that can be enforced by law

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2
Q

What is Judicial precedent

A

The source of law where past decisions of the judges create laws for future judges to follow

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3
Q

Sources of law

A

Acts of Parliament
European (EU) law
Judge made law

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4
Q

Other names for judge made law

A

Caselaw
Precedent
State decisis

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5
Q

Latin name for case law

A

Stare decisis

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6
Q

Meaning of precedent

A

An earlier even that is regarded as a guide to be considered in similar circumstances

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7
Q

How does precedent work

A

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

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8
Q

Reason for the decision in Latin

A

Ratio decidendi

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9
Q

Ratio decidendi

A

Reason for the decision

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10
Q

Meaning of liable

A

Responsible by law - court will enforce payments

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11
Q

The purpose of civil cases

A

To obtain compensation San settle disputes

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12
Q

The purpose of criminal cases

A

To punish and deterrence

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13
Q

Who starts a civil case

A

The individual affected

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14
Q

Who starts a criminal case

A

The state/government through the crown prosecution service (cps)

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15
Q

Legal names for people in a civil case

A

Claimant

Defendant

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16
Q

Legal names for people in a criminal case

A

Prosecution

Defendant

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17
Q

Courts of first instance in civil cases

A

County court

High court

18
Q

Courts of first instance in criminal cases

A

Magistrates court

Crown court

19
Q

Appellate courts

A

Court of appeal
Supreme Court
(In civil cases can be ecj)

20
Q

Standard of proof in civil cases

A

On the balance of probabilities

21
Q

Standard of proof in criminal cases

A

Beyond reasonable doubt

22
Q

Person deciding case in civil

A

Judge (occasionally jury in defamation cases)

23
Q

Person who decides case in criminal

A

Magistrates

Judge and jury

24
Q

Terminology for civil cases

A

Liable

25
Q

Terminology for criminal cases

A

Guilty

26
Q

Powers of court in civil cases

A

Compensation (damages)
Injunction
Specific performance/rescission

27
Q

Powers of court in criminal cases

A 
Punishment 
Imprisonment 
Fine
Suspended sentence
Community service
28
Q

What is a defamation case and what is it called when written down and when it’s spoken

A

Get compensation for damage to reputation
Libel (written down)
Slander (spoken)

-jury in a civil court

29
Q

Fault liability system

A

Having to prove someone is AT FAULT in order to get compensation

30
Q

No fault liability system

A

Even if the person is not at fault ur they caused it then that person will pay compensation

31
Q

Binding precedent

A

Has to be followed, can be made by more superior courts

32
Q

Persuasive precedent

A

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

33
Q

What does Stare decisis mean

A

Fairness to abide by principles established in earlier cases

34
Q

When can a precedent be used

A

If a previous case has similar MATERIAL facts to the current case

35
Q

When can claim in Tort be used

A

When someone has not made a contract but had also not rejected a proper duty of care

36
Q

Other things said

A

Obiter dicta (dictum)

37
Q

Overruling

A

When a higher court overturns the principles (ratio) of an earlier case with similar material facts

38
Q

Reversing

A

When a higher court in the same case overturns the decision made by a less senior court

39
Q

Distinguishing

A

A method of avoiding a previous principle because you argue that the material facts in the present case are too different

40
Q

Disapproving

A

When a judge States in his judgement that he thinks an earlier principle is wrong, he can’t necessarily overrule it though

41
Q

The principle sources of law in the UK

A

Acts of Parliament, case law and human rights (European court of human rights)

A Level Law (4 decks)

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