Introduction to the ELS

Question 1

What do we mean by the ‘English’ Legal System?

Answer 1

4 nations
1. England
2. Wales
3. Scotland
4. Northern Ireland
- scotland and northern Ireland has its own distinct legal system, court and case law
- the human rights act applies to all of the UK

Question 2

What does Devolution mean

Answer 2

Devolution = moving (or devoting) of powers from Westminster to legislatures in Scotland, Wales and Northern Ireland
- Devolution in the UK creates a
1. National parliament in Scotland
2. National assembly in Wales (now Welsh Parliament)
3. National Assembly in Northern Ireland

Question 3

What does a ‘Common Law’ system mean?

Answer 3

means:
- case law or judge-made law as opposed to being made by parliament
- distinguish between common law and equity
- based on the doctrine of precedent can be found throughout the world and reflects prior colonization by the British

Question 4

What is Stare Decisis

Answer 4

one principle of law is decided in a superior court and it must be followed in future cases in courts of equal or lower status
- stare decisis= let the decision stand by and adhere to the decision
- judge-made law

Question 5

what is a Civil law system

Answer 5

• codified rules/written constitution
• countries following a civil law system are most of Central and South America

Question 6

what is the law of equity

Answer 6

• is to modify the rigours of the common law
• helpful to look at its historical development

Question 7

what happens when there is a conflict between the 2 systems?

Answer 7

• a court is now able to recognize common law and equity at the same time and equity should take priority

Question 8

What is an Adversial and Inquisitorial system?

Answer 8

Adversarial
- 2 sides fight it out to see who should win - judge makes decision based on what they have been told
- ELS is an adversarial system
Inquisitorial
- judge is more active in the trial
- calls people to the stand etc…