Intro to law Part 1

Question 1

what is Civil cases and types?

Answer 1

Dispute between parties: Tort, contract, property, Family, Will

Question 2

What is Criminal cases and types?

Answer 2

‘Crime’ against the state: Theft, Murder

Question 3

what is the parliament?

Answer 3

where all the law making happens

Question 4

what are the courts?

Answer 4

Where the rules of law and power doctrine is made

Question 5

what are the types of courts in the uk? (6)

Answer 5

County Court.
Magistrates' Court.
Crown Court.
Royal Courts of Justice.
Youth Court.
The Supreme Court.

Question 6

what is written law?

Answer 6

Is the Statutes which are the acts of the parliament

Question 7

what is decided law?

Answer 7

They are the cases taken and decided by the courts

Question 8

what are primary and secondary sources?

Answer 8

Primary sources: Cases and Statuses.

Secondary sources: Newspapers and Books

Question 9

what is Ratio decidendi?

Answer 9

This is when higher courts make a judgement, precedent (model) that all other and lower courts have to follow.

Question 10

what is Obiter dicta?

Answer 10

A hypothetical scenario a judge makes for the case as an example which is not relevant to the case or a part of the decision.

Not a binding precedent

Question 11

what are the superior people in high courts? 4

Answer 11

Law Lords
Justice of the supreme court
Justice of Appeal,
Heads of division.

Question 12

Inferior people in lower courts? 3

Answer 12

District judge
recorder
circuit judge

Question 13

Hierarchy of courts

Answer 13

supreme
court of appeal
high court

Question 14

what divisions are there in court of appeal? 2

Answer 14

criminal

civil

Question 15

what divisions are there in high court? 3

Answer 15

family
queens bench
chancery

Question 16

what is the jury?

Answer 16

Members are picked at random.
They have to listen to all the evidence and in private they need to decide a verdict.
The jury makes the decision in secret.

Question 17

what are court clarks?

Answer 17

act as a legal advisor in the magistrate courts and generally control proceedings

Question 18

what is the prosecution service?

Answer 18

this is what decides which cases should be prosecuted and keeps them all under continuous review

Question 19

How many lords and ladys?

Answer 19

12

Question 20

what is the crown prosecution service?

Answer 20

(CPS) decides whether there is a charge on a person.

Question 21

what is the Magna Carta?

Answer 21

Is written in 1215

by kings to make sure everyone has a fair trial and there should be witness and a fair trial.

Question 22

what is the parliament made up of?

Answer 22

house of commons

house of lords

Question 23

who is in the house of commons?

Answer 23

Elected 650 Mps

Question 24

who is in the house of lords?

Answer 24

Appointed, hereditary, Bishops – 800+ peers

Question 25

what do the HOC and HOL do together?

Answer 25

Together both houses debate and formulate statutory legislation

Question 26

what is the consitution?

Answer 26

The constitution is a set of ‘rules’ regarding the structure and powers of government

Question 27

The monarch?

Answer 27

the queen, she can make rules and laws have to be approved by her.

Question 28

what are bills?

Answer 28

they're draft laws that are then made into laws

Question 29

How are laws new laws passed? stages? 6

Answer 29

First reading: Bill arrives. Second reading: Main debate on purpose and key areas of the bill. Committee stage: Detailed line by line scrutiny of the text with amendments (proposed changes). Votes may take place to decide whether to make the changes. Report stage: Further examination of the text. More amendments are debated and further votes take place to decide whether to make the changes. Third reading: A ‘tidying up’ stage. Final chance for amendments and votes. Each House considers the other’s amendments. Royal Assent: When both Houses agree the final content, a bill is approved by the Queen and becomes a law

Question 30

Quick stages for making a law?

Answer 30

``` First reading Second reading Committee stage Report stage Third reading Royal asset ```

Question 31

what coloured papers are there in parliament and why?

Answer 31

Green- Set out for discussion, proposals which are still at a formative stage White- set out proposals for legislative changes, which may be debated before a Bill is introduced. Some White Papers may invite comments.

Question 32

what are judicial reviews?

Answer 32

The process in which a decision made by a government department or other public organization is examined by a court of law to decide whether it was right or not. Mainly in high courts. EG. The environmental departments decision to give a planning permission for a new superstore on site.

Question 33

what are civil appeals?

Answer 33

The civil appeals process allows for a losing party to a lawsuit to request a higher court to review the decision to determine whether legal errors were made during the original trial.

Question 34

what does ultra vires mean?

Answer 34

beyond the legal power or authority of the person performing an action: EG. The police can arrest someone but can't hit someone

Question 35

what does Procedural Ultra Vires mean?

Answer 35

The body reaching the decision was biased

Question 36

what does Substantive ultra vires mean?

Answer 36

The content of the decision was outside the power of a public body. The law states the clear limits of public bodies. EG. The police hits someone

Question 37

what does Error on the face of the record mean?

Answer 37

Where the decision-making body’s own record of the proceedings reveals it has made a mistake concerning the law, the decision may be quashed.

Question 38

what does quashing order mean? In judicial review

Answer 38

It squashes an ultra virus decision in the judicial review. | Eg. it might be used to quash the refusal to pay child benefits.

Question 39

what is a mandatory order? in judicial review?

Answer 39

A mandatory order compels public authorities to fulfill their duties. Whereas quashing and prohibition orders deal with wrongful acts, a mandatory order addresses wrongful failure to act.

Question 40

what does prohibition order mean in judicial review?

Answer 40

This can order a body not to act unlawfully in the future. | A prohibiting order prevents a decision from being made.

Question 41

Judicial Review Procedure procedure?

Answer 41

safeguards to protect public authorities from unreasonable or frivolous complaints and to prevent abuse of the legal process. Time limit: An application should normally be made within three months of the date when the grounds for the application arose.