legal system, key terms Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Civil law

A

aims to provide compensation & resolve
disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Criminal law

A

aims to punish & deter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Magistrates’ court

A

criminal court which deals with all
crimes initially and minor offences
completely

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Crown court

A

criminal court dealing with the most
serious offences e.g. murder; only criminal court with a jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

County court

A

civil court which deals with the
majority of civil cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

High court

A

civil court [though does hear some
criminal appeals] dealing with most serious civil cases
e.g. negligence & judicial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Court of Appeal

A

main appeal court for all civil and
criminal cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

UK Supreme Court

A

final court of appeal for all civil and
criminal cases in the UK; only hears cases involving a
‘question of law of public importance’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ECHR

A

final appeal court for cases involving the
application of the European Convention on Human Rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Burden of proof

A

responsibility for establishing guilt/
liability; lies with the prosecution in criminal cases and
with the claimant in civil cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Standard of proof

A

level to which guilt/ liability must be
proven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Morality

A

a system of values and principles of conduct;
what is right and wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Justice

A

the quality of being fair and equitable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rule of law

A

rule that all citizens (including the police,
judges, members of Parliament) are equal before the
law and that all people are subject to the same law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Common law

A

law made by judges in cases;
‘Precedent’; case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Legislation

A

law made by Parliament; Acts of
Parliament; statute law

17
Q

Parliament

A

main law maker in the English Legal
System [ELS]; comprised of House of Commons, House
Lords + Queen

18
Q

Parliamentary Sovereignty

A

principle confirming
Parliament is the supreme law maker in the English
Legal System

19
Q

Separation of powers

A

important idea that those who
propose new laws should not also have the power to
make the law and then apply it. In the ‘ELS’:

20
Q

Government

A

propose new law (policy); executive
function

21
Q

Parliament

A

makes the law; legislative function

22
Q

Judges

A

apply the law; judicial function

23
Q

Judicial Review

A

legal procedure where the courts
decide whether a public body e.g. police, or a public
official e.g. Prime Minister (Miller v Prime Minister has acted lawfully; the courts applying the rule
of law.