Introduction to Law & Sources of Law

Question 1

What are key aspects of the ELS?

Answer 1

• Legislation is the main source
• The uk is a monarchy
• The uk is a democracy (law is made by parliament)
• It is a bicameral parliament (containing two chambers)
• No written constitution (there are constitutional principles and acts relation to constitutional matters underpinned by the rule of law)

Question 2

What is Devolution?

Answer 2

• moving (or devolving) of powers from Westminster to legislatures in Scotland, Wales and Northern Ireland.

Question 3

What did devolution create in the UK?

Answer 3

• National parliament in Scotland
• National Assembly in Wales (now Welsh Parliament)
• National Assembly in Northern Ireland

Question 4

What does Stare Decisis mean?

Answer 4

• ‘Let the decision stand’
• Doctrine of precedent

Question 5

What are common law systems?

Answer 5

• Stare Decisis
• Based on the doctrine of precedent
• Reflects prior colonisation by the British

Question 6

What are civil law systems?

Answer 6

• Codified rules/written constitution
• Central and south america follow a civil law system

Question 7

What is Private Law?

Answer 7

• Law that governs relations between individuals
• The duties of one individual owed to another (for. ex your neighbour)

Question 8

What is Public Law?

Answer 8

• Law that governs relations between individuals and the state
• Duties owed to the state

Question 9

What is Substantive Law?

Answer 9

• What sets out the rules that must be followed (for ex. the law against committing murder)

Question 10

What is Procedural Law?

Answer 10

• Provides a framework in which by the substantive law will be followed
• What process should be followed when someone breaks the law

Question 11

What is Criminal Law?

Answer 11

• Relates to crime
• Crown v Defendant

Question 12

What is the punishment for criminal law?

Answer 12

• Imprisonment
• Fine
• Community service

Question 13

What is Civil Law?

Answer 13

• Anything non-criminal
• Claimant v defendant
• The burden of proof is on the person to bring the claim

Question 14

What are the remedies for civil law?

Answer 14

• Damages/compensation
• Injunction
• Specific performance

Question 15

What are the 2 sources of law?

Answer 15

1. Domestic
2. European/International

Question 16

What are the two forms of Domestic law?

Answer 16

1. Legislation
2. Case Law

Question 17

What are the two sources of European/International Law?

Answer 17

• EU law
• European Convention on Human Rights (ECHR)

Question 18

What are the key sections of the Human Rights Act?

Answer 18

• Section 2
• Section 3
• Section 4

Question 19

What is section 2 of the HRA?

Answer 19

• A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any judgment, decision, declaration or advisory opinion of the European Court of Human Rights…

Question 20

What is section 3 of the HRA?

Answer 20

• When it is possible to do so, primary legislation and subordinate legislation must be read and used in a way which is compatible with the Convention rights.

Question 21

What is section 4 of the HRA?

Answer 21

• If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.

Question 22

What is section 6 of the HRA 1998?

Answer 22

Public authorities
- It is unlawful for a public authority to act in a way which is incompatible with a Convention right

Question 23

What is section 7 of the HRA 1998?

Answer 23

a person is considered a victim of an unlawful act only if they would qualify as a victim under Article 34 of the Convention if the case were brought to the European Court of Human Rights.

Question 24

What major event influenced the development of common law in England?

Answer 24

The signing of the Magna Carta in 1215