Introduction to English Law Flashcards
In a Civil Case, the Burden of Proof is on the…
Claimant
In a Civil Case, The Standard of Proof is the..
Weight of Evidence which is required for one party to win. This is based on the balance of probabilities
In a Civil Case, If the Claimant wins, the usual form of remedy is?
Damages
Civil Law is defined as “The body of laws dealing with rights and duties owned by……….
individuals and organisations to each other”
Criminal Law is defined as “The Body of Law…
owed to society as a whole”
Defendants are sometimes known as the…
Accused
In a Criminal Case, the Burden of Proof is on the..
CPS (Crown Prosecution Service)
In a Criminal Case, The Standard of Proof is…
“Beyond Reasonable Doubt”
What does “Beyond Reasonable Doubt” mean?
That the evidence provided must be so strong that it is not reasonable in your opinion to doubt it.
Common Law is defined as the Body of Law developed..
in the form of written judgements by judges setting out their reasons for their decision
The meaning of equity is…
‘Fairness’. The Court of Chancery were seeking to develop legal principles based on a ‘wider sense of justice’
Key requirement is that equity is…
discretionary.
Which of the following is correct:
(a) Equity will assist a volunteer
(b) Equity will not assist a volunteer
(b) Equity will not assist a volunteer.
This means that a person cannot use equity to get something for nothing.
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
(a) He who comes to equity must come with clean hands
Anyone who seeks equity must be able to show they have acted honourable.
Which of the following is correct:
(a) He who does equity must seek equity
(b) He who seeks equity must do equity
b) He who seeks equity must do equity
A person seeking equity must be able to show they have acted fairly.
Which of the following is correct:
(a) Delay defeats Equity
(b) Equity defeats Delay
(a) Delay defeats Equity
This means that the claimants seeking equitable remedies who delay are likely to be unsuccessful.
Which of the following is correct:
(a) Equity looks to the intent not the form
(b) Equity looks to the form not the intent
(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.
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
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.
Which of the following is correct:
(a) Personam acts in Equity
(b) Equity acts in personam
(b) Equity acts in personam
Which of the following is correct:
(a) equity follows the law
(b) equity creates the law
(a) equity follows the law
Seeking an injunction is an equitable remedy. Name 3 other equitable remedies.
(1) Specific Performance
(2) Rescission
(3) Rectification
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
A All courts may apply both common law and equit
