Introduction To Engish Law Flashcards
What is civil Law?
Rights and duties owned by individual or an organisation
What is criminal Law?
Body of law owed to all of society
Why is common law called common law?
It is called common law because it is used for all of England and Wales
How is equity used in relation to common law?
It is used to fill in the gaps in current common law.
Bonus point:
What is the Maxim which reflects this?
“Equity follows the law”
Which act requires the merging of common law and equity?
Judicature 1873-1875
Should the claimant cause delays to their claim which Equity Maxim prevents the succession of their claim?
Delay defeats equity
Name two key concepts fundamental to English and welsh laws?
Mortgages and Trusts
Name the two key participants to a mortgage.
Mortgagor - the owner of the land
Mortgagee - the lender of the loan against the value of the land
Which act protects the beneficiary from the trustee from using their trust for personal gain?
Trustee act 2000
What is the purpose of an injunction?
Prevents a person from performing a certain act or restraining them from performing a certain act
Define specific performance
A court order which entitles parties to the terms which are set out in their contract. Usually used where monetary compensation is not adequate.
What is rescission?
Where parties are entitled to be placed into the position they started in prior to entering a contract.
Which case law evidences equity ‘delay defeats equity’?
Leaf v international galleries 1950
What is rectification?
Court order enabling contracts to be rectified to the original agreement between the parties.
What is the difference between “Adversarial system” and “inquisitorial procedure”?
Adversarial is when parties are brought before a judge and each case is heard and a verdict is drawn based on a version of truth.
Inquisitorial procedure when parties are brought before a judge and the facts of the case are evidenced and the judge will make an overriding decision of truth.
