law introduction Flashcards
what is the adams caplan and lockwood definition of english law?
“English law may be defined as a body of rules created by the state, binding within its jurisdiction and enforced with the authority of the state through the use of sanctions.” adams, caplan and lockwood, 2023
what is criminal law?
a wrong against society eg murder, theft
what is civil law?
it exists to protect one another against the state eg contract law, property law
who brings the law suit in a criminal law case?
the state via police and crime prosecution
who brings the law suit in a civil law case?
the individual party
how likely does it have to be in a civil law case?
more likely than not
how likely does it have to be in a criminal law case?
beyond reasonable doubt
what is the aim of a criminal law suit?
to determine guilt eg prison
what is the aim of a civil law suit?
to gain rewards for damages etc
can you go to prison with a civil case?
no
what is contract law?
Contract law deals with agreements between two or more parties, each of which is obligated to hold up their portion of the agreement.
what is tort law?
Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing
what is a tort?
A tort is a civil wrong, done by one person or entity to another which results in injury or property damage, and frequently involves monetary compensation to the injured party.
what are the three categories of torts?
There are three categories of torts: negligence, intentional tort, and strict liability.
what is a solicitor?
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.
what is a barrister?
Barristers mostly specialise in courtroom advocacy and litigation.
what is a magistrate?
non-legal volunteer who hears cases in their community and administers the law, usually in a court that deals with minor offences and holds preliminary hearings for more serious ones.
Magistrates are judges in the Magistrates Court.
what is a judge?
A judge presides over court proceedings and hears all witnesses and evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand, based on his or her interpretation of the law and his or her own personal judgment.
what are the types of judges?
district
circuit
high court
court of appeal
supreme court
what does the district judge do?
(not paid magistrates)- full-time judges who deal with the majority of cases in the county courts.
what does the circuit judge do?
– also full-time judges who sit in the Crown and County Courts within 7 different regions of the country. They handle criminal or civil cases, and sometimes public and/or private law family cases
what does the high court judge do?
– handle complex and serious criminal
what are the three divisons of the high court?
- the Queen’s Bench Division
- the Family Division and
- the Chancery Division
what does the court of appeal judge do?
Handle appeals from lower courts (Civil and Criminal Matters)
what does the supreme court judge do?
Handle appeals from the Court of Appeal as the final arbiter of both Civil and Criminal Matters.
does a solicitor makes the argument in court?
no
In a civil case the judge decides the outcome not the jury?
yes
is a solicitor is the entry point into the British legal system?
yes
what is a magistrates court?
In England and Wales, a magistrates’ court is a lower court which holds trials for summary offences and preliminary hearings for more serious ones
most cases start at magistrates and are completed there but more serious offences are passed up to a crown court
what is the crown court?
Handles serious criminal cases which include:
Cases sent for trial by magistrates’ courts because the offences are ‘indictable only’
‘Either way’ offences (which can be heard in a magistrates’ court) but can also be sent to the Crown Court if the defendant chooses a jury trial.
Sentencing of Defendants convicted in magistrates’ courts (due to the seriousness of the offence)
Appeals against decisions of magistrates’ courts.
what does indictable only mean?
A serious criminal offence that is triable only on indictment (trial by jury) in the Crown Court.
what is a county court?
The County Court deals with civil (non-criminal) matters.
Unlike criminal cases – in which the state prosecutes an individual – civil court cases arise where an individual or a business believes their rights have been infringed.
give examples of types of civil case dealt with in the County Court
Businesses trying to recover money they are owed;
Individuals seeking compensation for injuries;
Landowners seeking orders that will prevent trespass.
what is the high court?
The High Court of Justice in England is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales.
it has three divisions
what is the court of appeal?
Divided into a Criminal and Civil Division
The Civil Division hears appeals from the High Court, County Courts and certain tribunals.
The Criminal Division hears appeals from the Crown Court.
Cases are generally heard by three judges
what is the supreme court?
Handles appeals from the Court of Appeal as the final arbiter of both Civil and Criminal Matters.
As a claimant, when can you take an appeal to the Court of Appeal?
When you lose in the High Court and the evidence changes or the law was incorrectly applied.
what is a claimant (plantiff)?
Claimant (Plaintiff) is the term used to describe a party who initiates a court action, whether a lawsuit in civil court, in order to seek a legal remedy.
what is a defendant?
Defendant is a person or entity that has been accused of a crime, or from whom civil relief is sought in a civil lawsuit.
what is a doctrine of binding precident ?
A precedent, in the English Law System, is a previous court decision which another court is bound to follow, by deciding a subsequent case in the same way.
what does Ratio Decidendi mean?
It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment.
It is this part of the judgement that will bind future courts.
what does obiter dicta mean?
Comments in a judgement which are related but not strictly relevant to the case before the judge. (Eg if the facts had been this then…..)
Future judges can be influenced by these comments but not bound by them.
name some advantages of precedent
flexibility
certainty
detailed practical rules
uniformity in law
name some disadvantages of precedents
rigidity
uncertainty and complexity
volumes and timeliness
degradation of lower courts
As a judge when do you have to follow the doctrine of binding precedence?
For all decisions made by a higher court
