Legal System of England and Wales Flashcards
A common law legal system refers decisions about disputes to:
1) applicable statute and regulations
2) previous court case judgements involving similar facts to the case at hand
Body of law governing relationships between individuals
Private Law
Body of law relating to the functioning of the state and individuals’ relationships with it
Public law
Body of law that intervenes in the actions of individuals which the state deems harmful
Criminal Law
Body of law that intervenes when relationships between people go awry
Civil Law
Characteristic of a legal system where opposing parties offer arguments and judge acts as a umpire
Adversarial system
The body of law which governs how the adjudication of disputes operates
Procedural Law
The nine features of a statute
1) short title
2) citation
3) long title
4) date of Royal Assent
5) prepose
6) parts
7) sections and subsections
8) extent provisions
9) enabling provisions
The non-binding way things are done in the UK Constitution
Convention
The power that allows the executive to bing the UK to international treaties
Royal Prerogative
The primary source of legislation
Statute
The regulations allowed by an Act to be provided by another body
Secondary Legislation
The rule that adapts the words of a statute considering the intended remedy
Mischief Rule
The rule that looks at the reason the statute exists
Purposive Rule
The rule where different meanings of words may be used to avoid an absurd result
Golden Rule
