Introduction to the Legal System of England and Wales

Question 1

what is a legal system?

Answer 1

a body of institutions that make, execute + resolve disputes on the law in a specific jurisdiction

Question 2

what does “jurisdiction” mean in legal terms?

Answer 2

a political area where specific laws apply

Question 3

3 typical components of a legal system?

Answer 3

1. constitution, cultural + historical factors + customs
2. central + local govt w leadership
3. influence of geography, military events, religion + public expectations

Question 4

what is the rule of law?

Answer 4

principle that everyone is governed by + benefits from clear, predictable + fairly applied laws

Question 5

components of the rule of law?

Answer 5

1. laws must be clear + predictable
2. law takes priority over discretion
3. everyone is equal before the law
4. the state provides a safety net for unresolved private disputes
5. the state adheres to national + international obligations

Question 6

why is the rule of law important?

Answer 6

ensures effective governance, underpins democracy, and treats everyone equally

Question 7

how does international law relate to the UK legal system?

Answer 7

international law is considered equal to the system of E&W but must not override the rule of law

Question 8

what did william the conqueror introduce in 1066?

Answer 8

rules, customs, a chain of command, and record-keeping, forming the foundation of today’s legal system

Question 9

what is the magna carta and why is it significant?

Answer 9

a 1215 agreement regulation relations b/w the king + nobility, establishing key principles like:

1. no punishment w/o law
2. justice must not be delayed or denied
3. equality before the law

Question 10

what is the bill of rights 1689?

Answer 10

a document limiting monarchy powers + supporting principles like:

1. free speech
2. free elections
3. no cruel punishments
4. parliament’s role in law-making

Question 11

why do england and wales share a legal system but not scotland?

Answer 11

E&W unified legally through acts of Union (1536, 1543) while scotland kept its distinct legal system after the 1707 union

Question 12

difference b/w civil law + criminal law?`

Answer 12

civil law: deals w/ private matters like contracts, resolved w/ remedies or money

criminal law: punishes forbidden actions, proven beyond reasonable doubt, with potential imprisonment

Question 13

how are civil and criminal cases decided?

Answer 13

civil law: decided on the “balance of probabilities”

criminal law: decided “beyond reasonable doubt”

Question 14

what is policing by consent?

Answer 14

principle that police operate with the public’s agreement + must act w/in the law

Question 15

what happens if the police act unlawfully?

Answer 15

courts can provide remedies, ensuring rule of law applies equally to the police + citizens

Question 16

what historical events influenced the legal system of E&W?

Answer 16

the norman conquest (1066), magna carta (1215), BOR (1689)

Question 17

what ensures the UK legal system’s effectiveness?

Answer 17

adherence to the ROL, democratic principles, and international and national obligations