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(FY) Introduction to Law > Intro to law Part 1 > Flashcards

Intro to law Part 1 Flashcards

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1
Q

what is Civil cases and types?

A

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

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2
Q

What is Criminal cases and types?

A

‘Crime’ against the state: Theft, Murder

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3
Q

what is the parliament?

A

where all the law making happens

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4
Q

what are the courts?

A

Where the rules of law and power doctrine is made

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5
Q

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

A 
County Court.
Magistrates' Court.
Crown Court.
Royal Courts of Justice.
Youth Court.
The Supreme Court.
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6
Q

what is written law?

A

Is the Statutes which are the acts of the parliament

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7
Q

what is decided law?

A

They are the cases taken and decided by the courts

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8
Q

what are primary and secondary sources?

A

Primary sources: Cases and Statuses.

Secondary sources: Newspapers and Books

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9
Q

what is Ratio decidendi?

A

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

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10
Q

what is Obiter dicta?

A

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

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11
Q

what are the superior people in high courts? 4

A

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

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12
Q

Inferior people in lower courts? 3

A

District judge
recorder
circuit judge

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13
Q

Hierarchy of courts

A

supreme
court of appeal
high court

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14
Q

what divisions are there in court of appeal? 2

A

criminal

civil

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15
Q

what divisions are there in high court? 3

A

family
queens bench
chancery

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16
Q

what is the jury?

A

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.

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17
Q

what are court clarks?

A

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

18
Q

what is the prosecution service?

A

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

19
Q

How many lords and ladys?

A

12

20
Q

what is the crown prosecution service?

A

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

21
Q

what is the Magna Carta?

A

Is written in 1215

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

22
Q

what is the parliament made up of?

A

house of commons

house of lords

23
Q

who is in the house of commons?

A

Elected 650 Mps

24
Q

who is in the house of lords?

A

Appointed, hereditary, Bishops – 800+ peers

25
Q

what do the HOC and HOL do together?

A

Together both houses debate and formulate statutory legislation

26
Q

what is the consitution?

A

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

27
Q

The monarch?

A

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

28
Q

what are bills?

A

they’re draft laws that are then made into laws

29
Q

How are laws new laws passed? stages? 6

A

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

30
Q

Quick stages for making a law?

A 
First reading 
Second reading 
Committee stage 
Report stage
Third reading 
Royal asset
31
Q

what coloured papers are there in parliament and why?

A

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.

32
Q

what are judicial reviews?

A

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.

33
Q

what are civil appeals?

A

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.

34
Q

what does ultra vires mean?

A

beyond the legal power or authority of the person performing an action:

EG. The police can arrest someone but can’t hit someone

35
Q

what does Procedural Ultra Vires mean?

A

The body reaching the decision was biased

36
Q

what does Substantive ultra vires mean?

A

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

37
Q

what does Error on the face of the record mean?

A

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.

38
Q

what does quashing order mean? In judicial review

A

It squashes an ultra virus decision in the judicial review.

Eg. it might be used to quash the refusal to pay child benefits.

39
Q

what is a mandatory order? in judicial review?

A

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.

40
Q

what does prohibition order mean in judicial review?

A

This can order a body not to act unlawfully in the future.

A prohibiting order prevents a decision from being made.

41
Q

Judicial Review Procedure procedure?

A

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.

(FY) Introduction to Law (6 decks)

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