Legal System Flashcards
Law?
The enforceable body of rules that govern any society
Types of law? Common:
Common law: kings judges went to people and solved their issues and gave judgement. Then they met at westminister house and discussed their judgements and documented them.
It was formal but strict rule based.
Remedy was damages; monetary compensation.
Equity
People who were dissatisfied from common law went to king and king ordered his chancellor to solve their issues. Chancellor based on fairness gave decisions.
He ignored rules but followed fairness.
New remedies were introduced: specific performance
Injunction : roka jaye galat kaam
Rectification : contratc me error toh rectify
Recission: restore to original position
Statute law
Laws made by parliament.
E.g company law
Civil court structure
Magistrate court: magistrates who are lay person selected by the lord chancellor
District judges
Clerks who provide advice for lay magistrates
County courts (civil)
-District judge
-Circuit judge
Looks for contract and tort (except defamation) claims
Equitable matters
Dispute concerning land
Undefended matrimonial cases
Probate matters
Miscellaneous matters such as those under consumer law
Some bankruptcy
Crown court
Circuit and high court judges
Recorders
Limited civil cases, appeals from magistrate court on matters as gambling, betting, licensing
Civil structure (High court)
Queen bench division deals with the appeal from magistrate court (appeal by way of case stated) e.g shahzaib qatal
Family division: crown court appeals to this
Chancery
County court can appeal to high court or directly court of appeal (civil decision)
Civil structure supereme court
High court can appeal directly to supreme court (leapfrog procedure)
Privy council equals to supreme but its decision prevails
Reversing
Decision is changed
Law not changed
Overulling
Common law is changed
Civil law procedures
Cases need to be resolved by alternative methods. Parties should settle their dispute avoiding courts possible.
Cases are allocated tracks
-Small claims track; low value (less than 10000)
-fast track; medium value (10000-25000) trial is no longer than one day and limited experts in need
- multi track; high value or complex claims (over 25000) managed by experts
Small and fast are heard by county courts
Complex by HC
Case law
Doctrine of judicial precedent
Previous cases me jo decision liya gaya woh precedent tha. Aage usko follow karna hai
Some precedents are binding and some are persuasive
Factors to decided whether precedent is binding or persuasive
- Hierarchy of courts
- Ratio decidendi and obiter dicta
- Material facts of case
Hierarchy of courts
European court of justice binds all lower courts but not bound by anyone
Supreme court binds lower courts but not itself
COA binds lower and itself unless…
Two similar decisions conflict
Earlier decision conflicts with later SC decision
Earlier decision made per incuriam
HC binds all lower courts, and bound by itself
Crown court: criminal cases
Binds no one, not even itself
Bound by all higher courts
County court: civil cases
Binds no one, not even itself
Bound bh all higher courts
Magistrate courts:
Binds no one not even itself
Bound hy all higher courts
Tribunals
Less formal procedures
Quicker
Hears dispute bet emp and emyee
Can appeal to Employment appeal tribunal
Ratio decidendi
Legal reason behind the decision
( law which was applied)
They are binding
Obiter dicta
Hypothetical situation defined by judge for better understanding if situation
(It is persuasive)
Material facts of case
In order for precedent to be binding, material facts of two cases must be same. If they are significantly different, then precedent will be persuasive.
When is precedent not binding?
If it is overruled by higher court
If it is overruled by statute
If precedent was made without case
Can be distinguished from earlier case
Delegated legislation
Parliament lacks time to make laws
Lack competence
Delegate to whom
-Professional bodies
-local bodies
-ministries/statutory instrument
-privy council
Enabling act
Through this act, parliament gives power (enables) to delegated body to make law
Statutory interpretation rules
Literal rule:
Law will be interpreted through ordinary/simple/dictionary meaning
Golden rule
Sometimes applying dictionary meaning may make a law absurd. (Meaning less)
Court holds power to select a desired meaning of word if a world has multiple meanings.
Small claim track
Not more than 10000
Quick
Informal
No need for legal representation
Fast track
(10000-25000)
Trial will last <1 day
Less formal court procedures
Claim will be determined within 30 weeks
Multi track
More than 25000
Full court hearing, but management conference held to encourage alternative dispute resolution
Statute law
-Green paper: a proposal for new law
-White paper: after comments received, a draft for the new law
-First reading: introduction to the house
-second reading: debate about the merits of the proposed legislation
-committee stage: all party committee discuss and amend the draft
-report stage: the amended draft then presented to house for approval
-third reading: final approval by the house
Same procedure in other house
Royal assent
Mischief rule
Court of law interprts law by considerinh the issue which was targeted
