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MO5 > Law And Legal Systems > Flashcards

Law And Legal Systems Flashcards

1
Q

What are the two classifications of law?

A

Private

Public

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2
Q

What laws are included in Public Law?

A

Constitutional Law
Administrative Law
Criminal Law

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3
Q

Name 6 branches of Private Law

A 
Law of Contract
Law of Torts
Law of Trusts
Law of Property
Law of Succession 
Family Law
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4
Q

What is Public Law concerned with?

A

The legal structure of the state

Relationship between the state and people

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5
Q

What is Constitutional Law concerned with?

A

The main institutions of Gov
Their relationship with each other
Treaties with foreign states
Status, functions and powers of the Monarch, Members of Parliment, Gov Ministers, the Judiciary, the Civil Service, and the Armed Forces

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6
Q

What is Administrative Law concerned with?

A

Legal relationship between citizens and Gov

e.g. tax, health and education, powers of local authorities, granting of licences

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7
Q

What is Criminal Law concerned with?

A

Control of behaviour which harms or threatens peace

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8
Q

What is Private Law also known as?

A

Civil Law

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9
Q

The legal rules of insurance are part of which part of Law?

A

Civil Law

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10
Q

What are the characteristics of English Law? (7)

A 
Age & Continuity 
Little codification 
Judge made law
Independance of the judiciary 
Adversarial system
No written constitution
Rule of law
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11
Q

What is independance of the judiciary?

A

Judges are free from Gov control

Appointed by The Lord Chancellor or The Prime Minister

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12
Q

Whst is the role of the court?

A

To listen and give judgement to one side or the other

Not to investigate

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13
Q

The UK has an adversarial system of Law, what is it in Europe?

A

Inquisitorial system - the courts play an active part in discovering the truth

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14
Q

What is the rule of law?

A

UK doesn’t have a WRITTEN constitution
The law should be certain & predictable
People should be treated equally by the law
No one should be punished without a fair hearing
Every person has a right to access the court

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15
Q

What is Common Law?

A

A unified system of law
Developed through decisions made in court i.e. case law

Does not include statute law

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16
Q

What is Equity?

A

A supplement to Common Law
A collection of rules based on fairness
They offer an alternative solution to some legal problems

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17
Q

What are the principles and remedies Equity has given to our legal systems? (6)

A

The Law of Trusts (assets are placed under control of trustee)

Specific Performance (a court order to carry out a promise)

Injunction (do or dont do something)

Subrogation

Contribution

Promissory Estoppel (a promise can be enforceable by law, where the promisee relies on that promise to their detriment)

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18
Q

Whst are the 4 sources of English Law?

A

Main:
Legislation & Judicial Precedent

Minor:
Local custom & legal books and treatises

Other:
European Community Law

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19
Q

What is the Northern Ireland Protocol?

A

Sets out the arrangements needed to avoid a hard border in N.Irl after Brexit
Requires N.Irl to remain aligned to the EU single market
Requires N.Irl Assembly be allowed to review the above and discontinue
1st review due 4 yrs after the ebd of the transition period
N.Irl remains part of UK custom & VAT area
Makes UK authorities responsible for implementing EU law in N.Irl

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20
Q

What is Legislation?

A

Sometimes called statute law
Law created in a formal way through Parliament
Acts of Parliment or Statutes
Law will take form of a Public or Private Bill

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21
Q

What members does Parliment consist of? (3)

A

The House of Commons
The House of Lords
The Monarch

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22
Q

What is the procedure for the enactment of Public Bills?

A

Green Paper - for consultation
White Paper - more detail
1st Reading - published & read in Parliment
2nd Reading - Debated in Parliment
Committee Stage
Report Stage - goes to Commons gor approval
3rd Reading - final chance for minor changes
Commons vote
Similar proceedure in House of lords is completed
Royal Assent (formality)
New law comes into force

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23
Q

What is a Consolidating Act?

A

An Act that repeals all previous legislation on a subject and re-enacts it on a logically arranged statute
(No new law created)

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24
Q

What is a Codifying Act?

A

All the law on a particular topic is is reduced to a single code

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25
Q

What is the Law Commission?

A

A body concerned with reform & modernisation of the law
Responsible for the consolidation and revision of statute law
Est by the Law Commission Act 1965
Introduced the Consumer Insurance (disclosure & Representation) Act 2012 & The Insurance Act 2015

26
Q

What aids do judges have to interprete statutes if a dispute arises?

A

Statutory Aids

Common Law Rules

27
Q

What are the Statutory Aids available for the interpretation of Statutes?

A

The Interpretation Act 1978:
Words in singular include the plural & vice versa
Masculine gender includes Feminine & vice versa
Person includes entities

28
Q

What are the Common Law rules available for the interpretation of Statutes?

A 
Literal rule (primary rule & takes precedent) 
Golden Rule (if literal makes no sense then use alternative)
Mischief Rule (judge will consider meaning in light of the ‘abuse or mischief’ the Act was intended to correct
29
Q

What effect did the Human Rights Act have on the interpretation of Statutes?

A

Many rights in the European Convention of Human Rights are now part of the Law
(Human Rights Act 1998)
Courts are obliged to interpret Acts in a way that complies with these rights

30
Q

What is the structure of the Civil courts from top down?

A

Supreme Court
Court of Appeal
High Court
County Courts

31
Q

What is the structure of the Criminal courts from top down?

A

Supreme Court
Crown Court
Magistrates Court

32
Q

Where are minor civil cases dealt with?

A

County Courts

By a Circuit judge who sits alone

33
Q

Where are major civil cases heard in the 1st instance?

A

one of the divisions of The High Court

34
Q

What are the Divions of the High Court?

A

Chancery - company, partnerships, trusts, mortgages, revenue matters

Family

Queens Bench - very busy. Commercial, Admiralty, Technology & Constuction courts. Jurisdiction over all Common Law civil action e.g. contract & tort

35
Q

What is the normal number of judges in a case in the Supreme Court

A

Normally 5 of the available 12

Can be more

36
Q

Where are minir criminal offences dealt with?

A

Magistrates Court

37
Q

Where are more serious criminal cases dealt with in the 1st instance?

A

Crown Court

after a ‘transfer for trial’ paper process in the Magistrates Court

38
Q

What is Precedent?

A

A decision made in a prevoius case where the facts are similar
Stare decisis = let the decision stand

39
Q

Under Precedent is the judge bound by the earlier case decision?

A

No, just the principles of the decision

Ratio decendi = the reason for deciding

40
Q

What is the Ratio Decendi based on?

A

The material facts of the case

The decision of the judge

The resons for the decision

41
Q

What is obiter dicta

A

Things said by the way

Things the judge said in deciding a case

42
Q

Which court decisions are judges bound by?

A

Ones made in a higher court than their own (sometimes equal)

43
Q

If an appeal is succesful, what happems to the original ruling?

A

Its reversed

44
Q

What is ‘overrulling’?

A

When a higher court decides differently to a precedent set in a previous case

45
Q

When is a decision ‘disapproved’?

A

When a court decides an earlier case was wrongly decided but cannot overrule it

46
Q

What is ‘distinguishing’ in a court case?

A

When a court decides not to follow a previous decision because their case is slightly different

47
Q

Wjat are the advantages of precedent?

A

Provides certainty
Allows for development & growth
Gives a wealth of detailed rulings

48
Q

What are the disadvantages of precedent?

A

The system is rigid
Hard to change a rule
Bulk & complexity of case law is hard to navigate
The principle of law contained in some decisions is sometimes obscure

49
Q

What are the Law Reports?

A

A systematic and accurate law reporting service

50
Q

Why do insurance companies go to Court?

A

Claim disputes
Disputes with other insurers
Defending PH

51
Q

What is the Wolfe Report?

A

‘Access to Justice’ 1996 report by Lord Woolf
Reccommended reform in the Civil procedure, which included:
3 seperate ‘tracks’ for cases depending on subject and complexity
Encourage use of alternative dispute resolution (ADR)
Give judges more responsibility
More use of information technology
Simplify documents & procedures
Single set of rules for proceedings
Shorter timetables for cases to reach court and for the length of trials

52
Q

Where are Defamation cases heard?

A

High Court

53
Q

For a case to start in The High Court, what is the minimum claim amount?

A

£100k+

£50k+ for Personal injury

54
Q

What are the three ‘tracks’ a case can be allocated to?

A

Small claims track - up to £10k & personal injury or housing disrepair cases up to £1k

Fast track - straight forward cases up to £25k

Multi-track - cases that dont fit the above & cases that are for £25k+ amd cases likely to last more than one day

55
Q

What do solicitors do?

A

Offer prof advice
Represent clients in court (mainly lower)
Most work in private sector
The Law Society represents solicitors
Regulated by Solicitors Regulation Authority

56
Q

What is the role of a barrister?

A

Act on instructions of solicitors
Have little direct contact with the public
Give opinion on complex matters of law
Represent clients in higher courts
Regulated by the Bar Standards Board
Governing body os the General Council of the Bar of Eng & Wales. Known as The Bar Council

57
Q

What is Legal Personality?

A

Lawful characteristics & qualities of an entity

58
Q

What does your legal personality include?

A

Legal rights & duties
Capacity to Contract
To be subject to the rights of law

59
Q

What are the three categories of Legal Personality?

A

Natural persons
Corporations
Unincorporated Associations

60
Q

How can a persuasive precedent be set?

A

Decisions in lower or equal courts
Decisions in courts outside England
Obitir dicta
Textbooks, learned treaties, amd the law of other jurisdictions

MO5 (11 decks)

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