Law - Lecture/seminar notes Flashcards
(From slides/readings)
Definition of law according to Twining and Miers?
(Wk 6/Term 2)
A general norm mandating or guiding conduct or action in a given type of situation
This definition emphasizes the normative aspect of law, guiding behavior in society.
How does Holland and Webb define law?
(Wk 6/Term 2)
A system of rules that guides and directs our activities in daily life
This definition illustrates the practical application of law in everyday situations.
What is common law?
(Wk 6/Term 2)
A system of law developed through judicial decisions + precedents -> not through statutes
- A term used to categorise legal systems which have the common law method of binding precedent (stare decisis) including UK, U.S, and other former Brits’ colonies.
Common law characterized by the principle of stare decisis -> where decisions in higher courts bind lower courts.
What historical event is considered the starting point for modern English law?
(Wk 6/Term 2)
The Norman Conquest in 1066
This marked significant changes in the legal system and governance in England.
What document from 1086 is significant for law and administration?
(Wk 6/Term 2)
The Doomsday Book
It served as an inventory of the wealth of the nation and laid the groundwork for future legal and administrative practices.
Who est. many features of common law during his reign?
(Wk 6/Term 2)
Henry II (1154-1189)
He introduced the jury trial + legal uniformity via judicial circuits.
What does the term ‘ratio decidendi’ refer to?
(Wk 6/Term 2)
The reason for deciding a case that binds lower courts + This binds any court at a lower level on the same point of the law
- lower courts need to follow higher courts
A crucial element of common law that ensures consistency in legal decisions.
True or False: Common law is primarily enacted through statutes.
(Wk 6/Term 2)
- False
Common law evolves through judicial decisions rather than being enacted as part of a legal code.
What type of law prevails over common law?
(Wk 6/Term 2)
Statute law
Statute law is codified and can override common law in various areas, particularly criminal law.
What are the key roles of law reports?
(Wk 6/Term 2)
- Est. the court and date of the case
- Summarize main contested issues
- Present facts of the case
- State court’s decision
- List cases referred to in judgments
- Indicate originating court + previous outcome
- Provide full judgements of the appellate court
Law reports help in understanding legal precedents and the application of law in future cases.
Define ‘common law style of judging’.
(Wk 6/Term 2)
Judgments provide detailed accounts of facts and reasoning, often inductive and discursive
This style contrasts with the more structured and logical approach found in continental legal systems.
What principle was est. in Donoghue v Stevenson?
(Wk 6/Term 2)
- A ‘neighbour’ relationship exists
- The defendant has failed to take reasonable care
- The defendant’s acts or omissions caused damage to the plaintiff
This case set foundational principles for liability in negligence.
Significance of dissenting judgments in common law?
(Wk 6/Term 2)
- They provide alternative interpretations and can influence future legal reasoning
=Dissenting opinions can highlight areas of legal uncertainty and contribute to legal development.
What does the term ‘legal transplants’ refer to?
(Wk 6/Term 2)
The adoption or borrowing of legal rules from one legal system to another
This concept is significant in comparative law, demonstrating how legal systems can influence each other.
How has English law evolved in relation to external influences?
(Wk 6/Term 2)
Increased influence from the EU and the Human Rights Act 1998
These external factors have led to changes in how English law is interpreted and applied.
What is the concept of legal transplants in comparative law?
(Wk 6/Term 2)
The idea that nations deliberately adopt or borrow legal rules from other legal systems.
What has increased external influence on UK law in recent years?
(Wk 6/Term 2)
Entry into the EU and the effect of the Human Rights Act 1998.
What characterizes the British Constitution?
(Wk 6/Term 2)
It is not contained in any one document and lacks a higher order law.
What historical document imposed limitations on Royal power?
(Wk 6/Term 2)
- The Magna Carta (Jun 1215)
What did the Bill of Rights 1689 primarily recognize?
The shift of power from the King to Parliament.
What was the significance of the Great Reform Act 1832?
(Wk 6/Term 2)
It was an important step in the redistribution of seats and the grant of the right to vote.
What limitations did the Parliament Acts 1911 and 1949 impose?
(Wk 6/Term 2)
They imposed limitations on the powers of the House of Lords.
What rights were defined by the Magna Carta?
(Wk 6/Term 2)
- Fair trial
- Good lordship
- Rights granted to London and other towns.
Who believed in the divine right of Kings and ruled without Parliament?
(Wk 6/Term 2)
Charles I.
What role did Oliver Cromwell play after Charles I’s execution?
(Wk 6/Term 2)
He became the ‘Lord Protector’ of England.
What conditions were attached to William III and Mary II’s throne in 1689?
(Wk 6/Term 2)
- Power to suspend laws without Parliament consent is illegal
- Parliamentary independence guaranteed
- No army raised without parliamentary approval
- Taxation requires parliamentary approval.
Difference between ‘dignified’ and ‘efficient’ elements of the Constitution according to Bagehot?
(Wk 6/Term 2)
- Dignified: Ceremonial aspects that create reverence
- Efficient: Functional aspects that deploy power.
Some pivotal statutes in the UK Constitution…
(Wk 6/Term 2)
- (1689) Bill of Rights
- (1701) Act of Settlement
- (1707) Act of Union
- (1832) Reform Act
What major legal case est. a key constitutional principle against the King’s power?
(Wk 6/Term 2)
- (1765) Entick v Carrington
Royal Prerogative…
(Wk 6/Term 2)
- Powers formerly of the monarch -> now mostly exercised by ministers.
What does Dicey’s Constitution emphasize?
(Wk 6/Term 2)
- Parliament’s supreme authority to pass and repeal law.
Significance of common law in the UK Constitution?
(Wk 6/Term 2)
- Judges interpret and apply the law, setting precedents that form major parts of law.
What is required for taxation according to the 1689 Bill of Rights?
(Wk 6/Term 2)
- Parliamentary approval
What does the Human Rights Act 1998 incorporate into UK law?
(Wk 6/Term 2)
- The rights contained in the European Convention on Human Rights.
What is the role of constitutional conventions?
(Wk 6/Term 2)
- They regulate constitutional practice by constitutional actors.
True or False: The UK has a formal constitutional court.
(Wk 6/Term 2)
False.
Fill in the blank: The Magna Carta was sealed by _______.
(Wk 6/Term 2)
King John.
What is a binding precedent?
(Wk 6/Term 2)
A precedent that must be followed by lower courts.
- Significance of law reporting in common law systems?
(Wk 6/Term 2)
- Crucial for est. precedents and ensuring consistency in the law.
What legal rule was established in Donoghue v Stevenson?
(Wk 6/Term 2)
- The principle of duty of care in tort law.
How did Bagehot characterize the British Constitution?
(Wk 6/Term 2)
- He distinguished between ‘dignified’ and ‘efficient’ elements.
How did Dicey characterize the British Constitution?
(Wk 6/Term 2)
- He emphasized parliamentary sovereignty and the rule of law.
What is a precedent?
(Wk 6/Term 2)
- When a lower court is binded to the court above it (above court needs to be adhered to) (Oxford)
When does precedent become the source of law?
(Wk 6/Term 2)
- When there’s no legislation to govern a disputed issue
A judgement…
(Wk 6/Term 2)
- a judgement has a specific function in justifying a principle + judgments also perform a broader explanatory role (when legal codes are absent)
- reference is made to in previous cases + increasingly to academic writing
- ‘common law’ judgements do not have the academic style + logical approach of German/continental style judgements
Is Law reporting crucial to the system of common law?
(Wk 6/Term 2)
- Yes
What is a litigant?
(Wk 6/Term 2)
- a person involved in a case in the court of law (Cambridge dictionary)
