Key Definitions Flashcards
Explain case law
Case law - The courts consist of independent judges and these senior judges in the superior courts create case law by reaching decisions on cases before them i.e. through the doctrine of precedent, thus forming new case law.
Explain the concept of equity in a legal sense
Equity - Equity has several meanings day to day for instance equity in a property or equity meaning fairness or shareholding in a company. Both are legal meanings. Equity began as an alternative system of legal rules which morphed over time to become a body of rules supplementing the common law with rights based on fairness.
Explain what executive powers are
Executive Powers - Executive power broadly consists of the power to manage public affairs and to implement the law i.e. His Majesty’s Government is carried on by Ministers of the Crown, led by the Prime Minister and Cabinet.
What is meant by the judiciary?
Judiciary - The part of a country’s government that is responsible for its legal system and that consists of all the judges in its courts of law.
Define Jurisdiction
Jurisdiction - Most commonly used to refer to a political entity where a particular law has application. It is also used in terms of a body or court having ‘jurisdiction’ or lacking it over a particular issue.
Define Legislation
Legislation -
Legislation is essentially a statute or a law. Legislation can be divided into primary and secondary legislation. Legislation is said to be the ‘source of law’ in the English legal system.
Explain the concept of Parliamentary Sovereignity
Legislative Powers/parliamentary sovereignty -
Similar to the concept of ‘parliamentary sovereignty’ - Parliament is the supreme law making body in the English legal system. Parliament has a legally unchallengeable right to make whatever laws it thinks right. The courts cannot challenge this legislation.
Define a Statute
Statute - A piece of law which was previously a ‘bill’ which has been enacted by parliament to become a statute or a piece of legislation.
What is the ECHR?
(ECHR): The European Convention of Human Rights is incorporated into UK law via the Human Rights Act 1998
What is the HRA 1998?
(HRA 1998): The Human Rights Act 1998
Define what is meant by Equity in the legal sense
Equity: Equity has several meanings day to day for instance equity in a property or equity meaning fairness or shareholding in a company. Both are legal meanings. Equity began as an alternative system of legal rules which morphed over time to become a body of rules supplementing the common law with rights based on fairness
Define an Injunction
An Injunction: this is where the court orders someone to perform or action or to refrain from an action, i.e stop using a claimants trademark. Injunctions can be issued in a matter of hours if they are equitable
What is a degree of specific importance
A decree of specific importance: Here the court orders someone to perform there obligations under a contract or trust.
Explain a Civil Law system
Civil law (UK) - A legislative system, commonly used in Europe, which has core principles codified into a referable system, which serves as the primary source of law. Civil law is an inquisitorial system and, in contrast to the English adversarial system, does not have a binding system of case law.
Explain the distinction between a Civil law system vs a common law system within the UK
Common Law vs Civil Law;
The main distinctions between Common law and civil law systems are (1) Common law is an adversarial system and civil law is an inquisitorial system(2) Common law has a system of binding judicial precedent which generates a body of case law whereas civil law systems do not have this. Civil law is codified and its core principles are written into a referable system, which serves as the primary source of law. Whereas in the English adversarial system parliamentary sovereignty means legislation is our primary source of law.
Define Private vs Public law
Private law - duties owed to or by individuals (including corporate entities like companies) are generally matters of private law which includes tort, contract, land and equity. Company law is considered private as it concerns the relations between private people rather than the state
Public law - duties owed to or by state are matters of public law. Public law is often said to include things like administrative law, constitutional law, human rights and also criminal.
Define Primary legislation including examples
Primary legislation - ‘Primary legislation’ is the term used to describe the main laws passed by the legislative bodies of the UK e.g. Acts of the UK Parliament. Key types of primary legislation include Acts, such as Consolidating acts, Private Bills etc.
Define Secondary legislation including examples
Secondary legislation - Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament. Delegated legislation includes Statutory instruments.
Define a statutory instrument including examples
Statutory instrument - Statutory instruments are the most significant form of delegated legislation and it is a separate type of legislation in itself. Numerically they are those made by government ministers (occasionally by other bodies). Typically 3-4000 SIs are produced every year and all statutory instruments are regulated by the Statutory Instruments Act 1946 which lays down certain procedural requirements for their making,
Define the Rule of Law
Rule of Law - The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders.
Define International law and Public International law vs Private international law
International Law: comprises governing relations between different states or people within them. Intentional law typically refers to public international law as opposed to private international law
Public International Law: comprises a system of rules and principles which govern the international relations between sovereign states in addition to some other instructions such as United Nations (UN). With only a few isolated exceptions it does not concern individuals, organisations or lower levels of government.
Private International Law: comprises legal relations between private individuals and organisations. It usually relates to commercial endeavours and how to determine which rules apply to transnational trade.
Define the latin concept of ‘stare decisis’
‘stare decisis’ - the latin translates ‘to stand by (previous) decisions’
Define the ratio decidendi
ratio decidendi - the ratio decidendi is “the point in a case that determines the judgement” or “the principle that the case establishes”.
Define the obiter dicta
obiter dicta - A judicial statement can be ratio decidendi only if it refers to the crucial facts and law of the case. A judge’s expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent.