Introduction to legal concepts Flashcards
Why is information technology used?
It is used to substitute some or many of the functions that were previously undertaken by humans. It is also to perform functions that couldn’t be performed by humans.
Which law governs England and Wales?
English Law
What is Common Law?
It uses earlier decisions made by judges as a guide to what should happen in legal disputes.
What is Civil Law?
It relies on the written status and other legal codes that establish legal procedures and punishments.
It is concerned with resolving disputes between individuals or groups of individuals.
Civil cases are initiated by a plaintiff who takes legal proceedings against a defendant. Normally, the objective is to obtain damages or an injunction.
Who makes the law A. Common Law B. Primary Legislation C. Delegated Legislation?
A. Common Law made by judges
B. Primary Legislation made by the parliament and order in council
C. Delegated Legislation made by ministerial orders
What is Case Law?
Case Law is also called Precedent. There are two kinds of precedent:
- Binding precedent (Eg. English Law) - Judges are required to follow earlier judgments made in higher courts in similar cases
- Persuasive precedent (Eg. Scot Law) - Judges can choose to act differently if they think an earlier judgment was wrong
What is a Writ?
It was originally an order from the King, telling someone to do something. It is a command that a detainee should be brought before a court for examination. They were used to instruct people to appear in court so that cases could be heard.
What is Equity?
It is the justice dispensed by Chancellors
What is Criminal Law?
It concerns the punishment of acts which can be seen as offending against the society as a whole.
How is burden of proof in criminal law and civil law?
Ask phay
What is a bill?
It is a proposed new act
What is the legislative process?
A bill is drafted, normally under the supervision of a government minister. It is then introduced either into the House of Commons or the House of Lords. It is then followed by several stages of reading and amendment. The Bill then becomes an Act of Parliament, following Royal Assent.
What is delegated legislation?
It is a statutory instrument. It is regulations that are delegated to other bodies, such as local authorities and government ministers.
How does the system of courts work?
The Supreme Court is the final court of appeal in the UK. The Court of Appeal hears appeals in criminal cases from the Crown Court and civil cases from the High Court. The High court hears civil cases that were not dealt by the County Court. The High Court has three divisions: King’s Bench (personal injury, human rights), Family (marriage,divorce) and Chancery (property, land). The Crown Court handles defendants committed from the Magistrate’s Court. The County court deals with claims below 25000GBP and more complex cases are referred to the High Court. Magistrate’s Courts hear minor criminal cases and more serious cases are referred to the Crown Court. There is no jury in County and Magistrate Courts.
The Supreme Court is the final court of appeal in the UK for civil cases. It hears appeals in criminal cases from England, Wales and Northern Ireland.
Below it is the Court of Appeal and High Court. Court of Appeal hears appeals in criminal cases from the Crown Court and the civil cases from the High Court.
High Court hears civil cases not dealt with by the county courts. And it consists of 3 divisions: King’s Bench, Family and Chancery
What is the Court of Appeal?
Court of Appeal hears appeals in criminal cases from the Crown Court and the civil cases from the High Court.
What is the High Court?
It hears civil cases not dealt with by the county courts. It consists of 3 divisions:
King’s Bench - Personal injury, negligence, human rights
Family - Child protection, divorce, forced marriage
Chancery - Business disputes, property, land, intellectual property
What is the Crown Court?
It sits with a judge and jury, who decide whether the defendant is guilty or not guilty
What is County Court?
It was created in 1846 to settle small claims locally and cheaply. But if the cases are complex or important, they are referred to the High Court.
THERE’S NO JURY
What is Magistrates’ Courts?
It hears minor criminal offenses and civil cases. They also enforce payment of local taxes. If the cases are serious, they are referred to the Crown Court.
THERE’S NO JURY
What is the purpose of the Court of Justice of the European Union (CJEU)?
Their purpose is to ensure the uniform application of EU law across the member states.
What are Tribunals?
They are concerned with resolving disputes in specific areas and involve legal experts and experts from the field concerned.
What is Arbitration?
It is used in many civil cases and involves the appointment of an independent arbitrator to resolve the dispute.
What is a person and a thing in law?
A person in law is an entity which is capable of having rights and undertaking duties. Person may either be natural or artificial.
A natural person is a human being. An artificial person is a corporation created under the law.
A thing is the subject of rights and duties.
What is rights, duties, obligations and liability in law?
A right is some liberty relating to a person that is protected by the law.
Eg. Seller has a right to sell property for an agreed price. Buyer has a duty to pay the agreed price. The buyer has an obligation to pay the seller.
A person is under a liability when he owes a duty or an obligation to another.
What are the types of property and ownership?
There are 3 types of property:
- Legal property is that which is the subject of rights
- Real property is land
- Personal property is all kinds of physical property and includes contract rights, company shares, patents and copyrights
Ownership is the concept that relates a person to property over which he has exclusive control.
What are the requirements in order for a person to possess property?
To possess a property, a person must:
- have physical control of the property
- have the intention to exercise control
- ensure that there are visible signs of their possession
