Legal Systems

Question 1

Main sources of law

Answer 1

Legislation
Common Law
Equity

Question 2

Legislation

Answer 2

Acts of Parliament - Supreme law making body
Ability to make new laws or amend existing ones.

Delegated legislation

Question 3

Common Law

Answer 3

Judge made law
Follows doctrine of judicial precedent
Based on customs and traditions
Applies to England and Wales

Question 4

Equity

Answer 4

Equitable relief to those disadvantaged by common law outcome
Right injustices from common law
Based on morals and principles

Question 5

Pillars of UK constitution

Answer 5

No one is above the law
Montisque - Separation of powers
Dicey - Parliamentary Sovereignty

Question 6

Institutions of the constitution

Answer 6

Executive
Legislative
Judiciary

Question 7

How is law created

Answer 7

1) Government policy - green paper, white paper
2)First reading - title read out
3) Second reading - consider principles and purpose, vote
4)Committee stage - Consider detail, amendments proposed
5)Report stage - Amendments reported back to house
6)Third reading - considered again, no further amendments can be made
7) Opposite house - Happens usually in HOL all steps
8)Royal assent

Question 8

Delegated legislation

Answer 8

Public bodies granted legislative authority from Parliament
Granted by an enabling act

Question 9

Statutory instruments

Answer 9

Regulations and orders
Issued by prime ministers within area of responsibility

Question 10

Orders in issue

Answer 10

Used in emergencies
Issued by privy council
Can be statutory or prerogative

Question 11

By laws

Answer 11

Made by local authorities concerning their local area

Question 12

Disadvantages

Answer 12

Too much power passed down
Written poorly
Undemocratic

Question 13

Reasons for delegated legislation

Answer 13

Saves Parliaments time
Used for complex issues
Local variations able to meet local needs

Question 14

Hierarchy of Civil courts

Answer 14

Supreme Court
Court of Appeal
High court
County court

Question 15

Hierarchy of criminal courts

Answer 15

Supreme Court
Court of Appeal
High court
Crown court
Magistrates Court

Question 16

Supreme Court

Answer 16

Replaces House of lords
Civil and criminal appeals from England and wales
Only Civil appeals from scotland
Justices of supreme court

Question 17

Court of Appeal

Answer 17

lord/lady justice of appeal
Criminal = lord chief justice
civil = master of rolls

Question 18

High court

Answer 18

Ms/Mr justice
Queens bench division
Chancery division
Family division

Question 19

County court

Answer 19

Circuit judges

Question 20

Magistrates, Crown court

Answer 20

Magistrates:
District judges
Crown:
Less serious = recorders
Middle = circuit judges
High + High court judges

Question 21

Hierarchy of judges

Answer 21

Justices of Supreme Court
Lord/lady justice of appeal
High court judges
Circuit judges
Recorders
District judges

Question 22

ADR

Answer 22

Arbitration - Arbitrator used like a judge to settle dispute and arbitral award legally binding
Mediation - Used to help disputing parties come to agreement only legally binding w contract
Conciliation - Like mediation but more involved and legally binding

Can’t force parties to use ADR
May result in fines if disagree to use
ADR should be used before bringing to court

Question 23

Statutory Interpretation

Answer 23

Statutes - Singular applies to plural, masculine to feminine
Presumptions - Law is retrospective , always speaking
External and internal aids - External: Oxford dictionary, Hansard Internal: Short and long title, marginal notes, Preamble
Common law rules:
Rules of language
Rules of interpretation

Question 24

Parliamentary oversight over delegated legislation

Answer 24

Negative procedure
Affirmative procedure
The enabling act
Joint select committee on SI
Delegated powers scrutiny committee

Question 25

Constitutional reform act 2005

Answer 25

Used to replace HOL - Supreme Court
Judicial appointment reform
Reform chancellor as breaching separation of powers - Lord chief justice appointed

Question 26

Rules of language

Answer 26

Generis - Words given general meaning
Alterius -
Socii

Question 27

Rules of interpretation

Answer 27

Literal - Words given literal meaning even if outcome is absurd
Golden - Words replaced if outcome os absurd
Mischief - Address what it aims to resolve
Purposive - What the purpose of the statute is