Legal system Flashcards
sources of law in the UK
the constitution
legislation
European law
international law
legal systems in the constitution
England and Wales
scotland
Northern Ireland
system of governance in the constitution
parliamentary system
head of state
parliamentary system
doctrine of supremacy/ sovereignty of parliament
head of state
constitutional monarchy/ royal prerogative
structure of the parliamentary system
House of Commons
House of Lords
separation of powers in the constitution
executive
legislative
judiciary
types of legislative bill
public/ government bills
private members/non-government bills
stages of legislative bill
first reading
second reading
committee stage
report stage
third reading
proceedings in the house of lords
royal assent
acts of parliament in healthcare legislation
abortion act 1967
children act 1989 and 2004
data protection 1998
human rights act 1998
relevant acts of parliament
freedom of information act 2000
mental health act 2007
equality act 2010
rules of statutory interpretation
literal rule
golden rule
mischief rule
sources of European Law
treaties
european legislation:
- regulations
- directives
european convention of human rights: human rights act 1998
right to privacy
right to family life
right to avoid inhuman and degrading treatment
divisions of law and legislation
public law
private law
public law
constitutional law
administrative law
criminal law
private law
contract law
tort law
employment law
court structure and hierarchy
law courts
specialist law courts
legal tribunals
law courts
magistrates court
crown court
family court
county court
high court
court of appeal
Supreme Court
specialist law courts
coroners court
court material
financial court
legal tribunals
asylum and immigration tribunal
employment tribunal
mental health tribunal
branches of the legal profession
solicitors
barristers
law officer positions (governance in the legal system)
attorney general
director of public prosecutions
head of judiciary
head of judiciary
lord chief justice and lord chancellor
categories of legal cases
civil
criminal
civil law
deals with legal disputes between private individuals or companies
criminal law
involves the prosecution on indictment of a private individual/citizen by the director of public prosecutions on behalf of the crown prosecution service
legal parties involved in civil cases
claimant (issuing legal claim)
defendant (legal party refuting the legal claim)
legal parties involved in criminal cases
director of public prosecutions/crown prosecution service
accused
burden of proof is on who in civil cases
the claimant
burden of proof is on who in criminal cases
the director of public prosecutions/crown prosecution service
standard of proof in civil cases
the balance of probabilities
standard of proof in criminal cases
beyond a reasonable doubt
civil law remedies: substantive remedies
damages
declaration
injunction
specific performance
criminal law remedies
imprisonment
fine
community sentences
discharges