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?
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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.
