legal system, key terms Flashcards
Civil law
aims to provide compensation & resolve
disputes
Criminal law
aims to punish & deter
Magistrates’ court
criminal court which deals with all
crimes initially and minor offences
completely
Crown court
criminal court dealing with the most
serious offences e.g. murder; only criminal court with a jury
County court
civil court which deals with the
majority of civil cases
High court
civil court [though does hear some
criminal appeals] dealing with most serious civil cases
e.g. negligence & judicial review
Court of Appeal
main appeal court for all civil and
criminal cases
UK Supreme Court
final court of appeal for all civil and
criminal cases in the UK; only hears cases involving a
‘question of law of public importance’
ECHR
final appeal court for cases involving the
application of the European Convention on Human Rights.
Burden of proof
responsibility for establishing guilt/
liability; lies with the prosecution in criminal cases and
with the claimant in civil cases.
Standard of proof
level to which guilt/ liability must be
proven
Morality
a system of values and principles of conduct;
what is right and wrong
Justice
the quality of being fair and equitable
Rule of law
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
Common law
law made by judges in cases;
‘Precedent’; case law
Legislation
law made by Parliament; Acts of
Parliament; statute law
Parliament
main law maker in the English Legal
System [ELS]; comprised of House of Commons, House
Lords + Queen
Parliamentary Sovereignty
principle confirming
Parliament is the supreme law maker in the English
Legal System
Separation of powers
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’:
Government
propose new law (policy); executive
function
Parliament
makes the law; legislative function
Judges
apply the law; judicial function
Judicial Review
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.
