Introduction to English Law

Question 1

In a Civil Case, the Burden of Proof is on the…

Answer 1

Claimant

Question 2

In a Civil Case, The Standard of Proof is the..

Answer 2

Weight of Evidence which is required for one party to win. This is based on the balance of probabilities

Question 3

In a Civil Case, If the Claimant wins, the usual form of remedy is?

Answer 3

Damages

Question 4

Civil Law is defined as “The body of laws dealing with rights and duties owned by……….

Answer 4

individuals and organisations to each other”

Question 5

Criminal Law is defined as “The Body of Law…

Answer 5

owed to society as a whole”

Question 6

Defendants are sometimes known as the…

Answer 6

Accused

Question 7

In a Criminal Case, the Burden of Proof is on the..

Answer 7

CPS (Crown Prosecution Service)

Question 8

In a Criminal Case, The Standard of Proof is…

Answer 8

“Beyond Reasonable Doubt”

Question 9

What does “Beyond Reasonable Doubt” mean?

Answer 9

That the evidence provided must be so strong that it is not reasonable in your opinion to doubt it.

Question 10

Common Law is defined as the Body of Law developed..

Answer 10

in the form of written judgements by judges setting out their reasons for their decision

Question 11

The meaning of equity is…

Answer 11

‘Fairness’. The Court of Chancery were seeking to develop legal principles based on a ‘wider sense of justice’

Question 12

Key requirement is that equity is…

Answer 12

discretionary.

Question 13

Which of the following is correct:

(a) Equity will assist a volunteer
(b) Equity will not assist a volunteer

Answer 13

(b) Equity will not assist a volunteer.

This means that a person cannot use equity to get something for nothing.

Question 14

Which of the following is correct:

(a) He who comes to equity must come with clean hands
(b) He who comes with clean hands has equity

Answer 14

(a) He who comes to equity must come with clean hands

Anyone who seeks equity must be able to show they have acted honourable.

Question 15

Which of the following is correct:

(a) He who does equity must seek equity
(b) He who seeks equity must do equity

Answer 15

b) He who seeks equity must do equity

A person seeking equity must be able to show they have acted fairly.

Question 16

Which of the following is correct:

(a) Delay defeats Equity
(b) Equity defeats Delay

Answer 16

(a) Delay defeats Equity

This means that the claimants seeking equitable remedies who delay are likely to be unsuccessful.

Question 17

Which of the following is correct:

(a) Equity looks to the intent not the form
(b) Equity looks to the form not the intent

Answer 17

(a) Equity looks to the intent not the form

This means the court will focus on the underlying intentions of the parties to a written document.

Question 18

Which of the following is correct:

(a) Equity will suffer (permit) a wrong to be with a remedy
(b) Equity will not suffer (permit) a wrong to be without a remedy

Answer 18

b) Equity will not suffer (permit) a wrong to be without a remedy

The courts will create novel legal solutions (remedies) where they need to achieve justice.

Question 19

Which of the following is correct:

(a) Personam acts in Equity
(b) Equity acts in personam

Answer 19

(b) Equity acts in personam

Question 20

Which of the following is correct:

(a) equity follows the law
(b) equity creates the law

Answer 20

(a) equity follows the law

Question 21

Seeking an injunction is an equitable remedy. Name 3 other equitable remedies.

Answer 21

(1) Specific Performance
(2) Rescission
(3) Rectification

Question 22

What was the effect of the Judicature Acts 1873-75 on the application of common law and equity?

A All courts may apply both common law and equity
B Only the Chancery Division of the High Court can apply equity
C Equity may only be applied in appeal courts
D Only the Supreme Court can apply equity

Answer 22

A All courts may apply both common law and equit