Legal system Flashcards

1
Q

sources of law in the UK

A

the constitution
legislation
European law
international law

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2
Q

legal systems in the constitution

A

England and Wales
scotland
Northern Ireland

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3
Q

system of governance in the constitution

A

parliamentary system
head of state

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4
Q

parliamentary system

A

doctrine of supremacy/ sovereignty of parliament

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5
Q

head of state

A

constitutional monarchy/ royal prerogative

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6
Q

structure of the parliamentary system

A

House of Commons
House of Lords

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7
Q

separation of powers in the constitution

A

executive
legislative
judiciary

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8
Q

types of legislative bill

A

public/ government bills
private members/non-government bills

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9
Q

stages of legislative bill

A

first reading
second reading
committee stage
report stage
third reading
proceedings in the house of lords
royal assent

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10
Q

acts of parliament in healthcare legislation

A

abortion act 1967
children act 1989 and 2004
data protection 1998
human rights act 1998

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11
Q

relevant acts of parliament

A

freedom of information act 2000
mental health act 2007
equality act 2010

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12
Q

rules of statutory interpretation

A

literal rule
golden rule
mischief rule

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13
Q

sources of European Law

A

treaties
european legislation:
- regulations
- directives

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14
Q

european convention of human rights: human rights act 1998

A

right to privacy
right to family life
right to avoid inhuman and degrading treatment

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15
Q

divisions of law and legislation

A

public law
private law

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16
Q

public law

A

constitutional law
administrative law
criminal law

17
Q

private law

A

contract law
tort law
employment law

18
Q

court structure and hierarchy

A

law courts
specialist law courts
legal tribunals

19
Q

law courts

A

magistrates court
crown court
family court
county court
high court
court of appeal
Supreme Court

20
Q

specialist law courts

A

coroners court
court material
financial court

21
Q

legal tribunals

A

asylum and immigration tribunal
employment tribunal
mental health tribunal

22
Q

branches of the legal profession

A

solicitors
barristers

23
Q

law officer positions (governance in the legal system)

A

attorney general
director of public prosecutions
head of judiciary

24
Q

head of judiciary

A

lord chief justice and lord chancellor

25
Q

categories of legal cases

A

civil
criminal

26
Q

civil law

A

deals with legal disputes between private individuals or companies

27
Q

criminal law

A

involves the prosecution on indictment of a private individual/citizen by the director of public prosecutions on behalf of the crown prosecution service

28
Q

legal parties involved in civil cases

A

claimant (issuing legal claim)
defendant (legal party refuting the legal claim)

29
Q

legal parties involved in criminal cases

A

director of public prosecutions/crown prosecution service
accused

30
Q

burden of proof is on who in civil cases

A

the claimant

31
Q

burden of proof is on who in criminal cases

A

the director of public prosecutions/crown prosecution service

32
Q

standard of proof in civil cases

A

the balance of probabilities

33
Q

standard of proof in criminal cases

A

beyond a reasonable doubt

34
Q

civil law remedies: substantive remedies

A

damages
declaration
injunction
specific performance

35
Q

criminal law remedies

A

imprisonment
fine
community sentences
discharges