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English Legal System > Introduction to ELS > Flashcards

Introduction to ELS Flashcards

1
Q

what is public law?

A

concerned with the relationship between individuals and the state, and the state enforcing certain standards of behaviour e.g. a crminal prosecution

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2
Q

what is private law?

A

concerned with the private relationship between individuals, enforced by individuals taking actions against one another in the courts e.g. a customer against a manufacturer under a guarantee

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3
Q

what is criminal law?

A

laws that concern the relationship between an individual and the rest of the community as a whole

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4
Q

what is civil law?

A

laws that concern the relationship between individuals in that community and don’t involve/concern the community as a whole

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5
Q

what is civil law responsible for?

A

dealing with contracts, disputes and differences where the outcome is measured in remedies or the payment of monies

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6
Q

what is criminal law responsible for?

A

imposes restrictions and obligations on the population where the outcome is measured in punishment for transgressions, with the public taking an interest in both the offence and the punishment

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7
Q

what is a criminal case called?

A

a prosecution

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8
Q

who/what is a prosecution started by?

A

the State in the form of the police arresting and charging someone

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9
Q

what is the Crown Prosecution Service

A

Lawyers who are civil servants independent of the police

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10
Q

what must the prosecution do to secure a conviction?

A

prove its case beyond reasonable doubt by providing evidence of each of the necessary elements of the offence

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11
Q

what is the objective of a prosecution?

A

to punish

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12
Q

what is a civil proceeding called?

A

an action or claim

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13
Q

who/what is an action or claim started by?

A

the claimant- the person who has suffered damage

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14
Q

what must a party do to succeed in a civil claim?

A

prove their case on the balance of probabilities only, and not beyond reasonable doubt

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15
Q

what year did EU law become increasingly important?

A

1973

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16
Q

which Act enforced the ECHR in UK courts?

A

Human Rights Act 1998

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17
Q

who invaded England in 1066?

A

William the Conqueror

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18
Q

what years did Henry II rule?

A

1154-1189

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19
Q

how did the law develop during Henry II’s reign?

A

it became more formal and he divided the country into circuits/areas for the judges to visit, leading to the eventual abolishment of Assizes in 1971

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20
Q

how did the term common law come about

A

originally there was no universal rules/laws, but when judges returned to Westminster they all discussed the cases theyd considered and developed a law ‘common’ to the whole country

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21
Q

what is the doctrine that drives the common law?

A

Stare Decisis- ‘or standing by previous decisions’

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22
Q

what was a writ?

A

a letter issued in the name of the King which ordered an individual e.g. Sheriff to do something. The writ was necessary for any court action to be started

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23
Q

when did equity start to develop?

A

14th century when the common law had lost much of its flexibility as the judges were applying the law the way their predecessors had done

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24
Q

what year was the Court of Chancery created?

A

1474

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25
what is the Court of Chancery?
at first the king would hear petitions, but then this role was given to the Lord Chancellor issued decrees in his wn name separate from the King and the common law courts
26
how were proceedings in the Court of Chancery started?
a petition or bill filed by a plaintiff (now called a claimant) with no need for a writ and adjudicated on what the Chancellor thought was fair
27
how was the Court of Chancery different to common law courts?
there were no rigid rules/procedures so justice could be quick and cheap, he could also inquire further into details of each case
28
what are equitable principles?
guidelines which are were applied by the Court of Chancery and still relevant today
29
what are two examples of equitable principles?
equity will not suffer a wrong to be without a remedy, he who comes to equity must come with clean hands
30
what are equitable rights?
new rights unknown to the common lawe.g. the law of trusts originating in the 13th century
31
what are equitable remedies?
they are in the discretion of the court whereas a common law remedy is a matter of a right: if a claimant proves their case at common law, they are entitles to damages
32
what are the two equitable remedies still important today?
an injunction and a decree of specific performance
33
what is an injunction?
an order of the court compelling a person to perform an action or refrain from an action
34
what is a decree of specific performance?
an order compelling someone to perform their obligations under a contract or trust
35
in which case did James 1st decide that, in cases of conflict, equity should prevail over common law?
Earl of Oxford's Case (1615) 21 ER 485
36
which Act created a single court structure and merged the separate court systems of equity and common law?
Supreme Court of Judicature Acts of 1873 and 1875
37
what was the result of the Supreme Court of Judicature Acts of 1873 and 1875?
all civil courts could now grant both common law and equitable remedies in the same proceedings e.g. an injunction as well as damages for losses
38
what does case law refer to?
the decisions in actual cases which have been considered by the courts
39
what is a statute?
an Act of Parliament
40
what is legislation?
a generic term which includes more than just statutes such as delegated legislation or legislation originating from the EU
41
what are the functions of legislation?
making, changing and repealing the law
42
what does Parliament consist of?
the Monarch, the House of Commons, the House of Lords
43
what are HoL and HoC involved in?
the process of creating acts of Parliament
43
what is Green Paper
a consultation document on possible new law
44
what is an Act of Parliament called before it is passed through parliament?
A Bill
44
what is a White Paper?
incorporates the Government's proposals for the new law
45
who has to vote in favour of a Bill for it to be passed?
BOTH HoL and HoC
46
what is the last stage to the creation of an Act of Parliament
royal assent- the monarch grants formal approval
47
what is the doctrine of parliamentary sovereignty/legislative supremacy of Parliament?
the principle that only Parliament can make/unmake a law
48
what two principles make up the DoPS?
Parliament has the freedom to make laws of any kind, statute cannot be overridden by any body outside of Parliament (it cannot bind its successors as Parliament can bring in a new Act at any time)
49
what is a public Bill?
concern matters affecting the public as a whole e.g. Stalking Protection Act 2019
50
what is a private Bill?
affect particular persons or a particular locality e.g. a Bill to build a new section of railway line
51
what type of legislation are Bills?
Primary
52
unless specific otherwise, where do all Acts of Parliament apply?
England, Scotland, Wales and Northern Ireland
53
what is consolidating legislation?
one statute re-enacts law which was previously contained in several different statutes e.g. Insolvency Act 1986, seen as 'tidying up' the law
54
what is codifying legislation?
where all law on some topic is brought together in one new statute- may change the pre-existing law e.g. Theft Act 1968
54
what are statutory instruments?
they come ito force following either affirmative or negative procedure, reflecting the nature of scrutiny they receive from Parliament
55
what is delegated/subordinated legislation?
law made by bodies other than Parliament e.g. local authorities, the Crown and Ministers BUT with authority of Parliament
56
what is a byelaw?
local laws made by local authorities and bodies with public functions e.g. TfL to deal with issues affecting their locality or area of activity- they cannot take effect until the appropriate Minister has confirmed them
57
what are advantages of delegated legislation?
saves time, enables Parliament to call upon technical expertise to assist in drafting regulations
57
what are the disadvantages of delegated legislation?
difficult for individuals to keep track of what the law is and to comply with it
58
what is EU legislation?
when the UK was a member of the EU, it followed that EU law applied throughout the UK so was necessary to enact the European Communities Act 1972
58
what is retained EU law?
EU law still applicable in the UK despite Brexit
59
wha is teh European Commission?
develops policy- consists of Independent Commissioners appointed by national governments who make proposals for legislation and oversee implementation
59
what is the Council of the European Union?
consists of a government representative from each Member State- decision making body of the Union
60
what are the different EU institutions?
The Council of European Union, The European commission, The European Parliament, The Court of Justice of the European Union
61
what is the European Parliament?
made up of elected members
62
what is the CJEU?
General Court and the Court of Justice- the ECJ consists of judges nominated by each of the Member States to ensure that EU law is observed throughout the Union
63
what is EU primary legislation?
in the major treaties e.g. Treaty on the European Union2008 and the Treaty on the Functioning of the European Union 2012
63
is primary EU legislation binding?
yes on Member States and EU institutions
64
what is EU secondary legislation?
takes form of Regulations, Directives and Decisions
65
what is the Human Rights Acts 1998?
a statute which incorporates the ECHR into UK law
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English Legal System (9 decks)

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