Introduction to the English Legal System Flashcards
chapter 1
What is a legal system?
A legal system is a body of institutions that make, execute, and resolve disputes on the law of a jurisdiction, along with the law they deal with. It can also refer to the courts of a jurisdiction. A legal system is not a source of pleasure, optional, or temporary. It is not just activities, obligations, social interactions or business commitments, although they may take place within a legal framework.
What are the three components of a typical legal system?
○ The constitution of the country.
○ Contributing cultural and historical factors to that constitution.
○ Unofficial and popular elements which influence a society’s conventions, customs, and principles.
What is the ‘rule of law’?
The rule of law means that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws that are publicly and prospectively promulgated and publicly administered in the courts. Essential components include:
○ The law must be clear and predictable.
○ Discretion should be subordinate to the law.
○ Everyone should be equal before the law.
○ The state should provide a safety net for dispute resolution.
○ The state should adhere to its international and national obligations.
What was the significance of the Magna Carta 1215?
The Magna Carta, though initially regulating relations between the king and nobility, introduced several key concepts:
○ Taxation with consent.
○ Recognition of the commercial primacy of the City of London.
○ Lawsuits to be held in a fixed place.
○ No trial based solely on a self-incriminating statement.
○ Punishment only within the law of the land.
○ Justice should not be sold, delayed, or denied.
What is the role of Parliament in the legal system?
Parliament grew in importance over time, affixing its name to laws relating to governance and acting in partnership with the monarch. It is a legislative body and representatives of classes of society would gather in Parliament, discuss and draft laws that would be approved by the monarch. The final approval of a law by the monarch is known as Royal Assent.
How did the judiciary find its voice?
The judiciary gradually asserted its independence from the Crown. Key moments include:
○ Sir Thomas More’s execution highlighted tensions between the monarch and the law.
○ **Prohibitions del Roy ** established that judges, not the monarch, should make decisions in law cases.
○ **The Case of Proclamations ** limited Crown power by stating the King only has the prerogative allowed by law.
○ **Liversidge v Anderson ** emphasized the judiciary’s role in protecting individual liberties even in times of crisis.
○ **Miller v Secretary of State for Exiting the European Union ** confirmed the executive cannot overreach its powers.
What is the Bill of Rights 1688?
The Bill of Rights further restricted the power of the monarchy, contributing to the development of Parliament and the courts. It includes:
○ Freedom of speech.
○ The existence of juries.
○ The undesirability of cruel and unusual punishment.
○ The requirement for free elections to Parliament.
○ The illegality of suspending or making laws by royal authority without Parliament’s consent.
What is the difference between civil and criminal law?
○ Civil law deals with contracts, disputes, and differences, with outcomes measured in remedies or payment of monies, and must be proved on the balance of probabilities.
○ Criminal law imposes restrictions and obligations, with outcomes measured in punishment for transgressions and the public taking an interest in both the offense and punishment. Matters must be proved beyond reasonable doubt, and the accused is innocent until proven guilty.
What is the role of the police?
The police are an essential component of the legal system, responsible for arresting suspects, bringing them before the courts, and facilitating the withdrawal of liberties. Policing in the UK is by consent, and police actions must remain within the law.
What is the role of the BBC in the legal system?
The BBC is a unique broadcaster, funded by a license fee. It is considered an important check and balance within the legal system. It is known for its journalistic prowess, its place within the national identity, and its ability to hold the Government to account through media scrutiny. It has a commitment to impartial broadcasting and regularly reports events in Parliament.
What is the UK constitution?
The UK constitution is uncodified, located across different sources, only some of which are written. It includes declarations like the Magna Carta and the Bill of Rights and is operated through a combination of the monarch, Parliament, and the courts, also involving precedent, custom, prerogative, and convention.
What are the key characteristics of the legal system of England and Wales?
○ Involvement of the monarch.
○ Involvement of individuals in Parliament.
○ Complicity, support, or involvement of society.
○ Creation of legislation by the executive and legislature.
○ Scrutiny of legislation through the courts.
○ Independence of lawyers and judges.
○ Public support for the separation or balance of powers.
○ Influence of other organizations, like the media and police.
○ Adherence to the rule of law.
What are the sources of law for England and Wales?
- Parliamentary legislation. * Case law formulated by judges. * External agencies, such as the EU. * The growth of democracy. * The sharing of power by governing elites.
