Legal Systems: Intro, sources and development of Law

Question 1

What are the 3 aspects of a typical legal system

Answer 1

a. Constitution
b. Cultural and historical factors
c. Unofficial and popular elements

Question 2

What is the rule of law

Answer 2

Every person should be governed by and benefit from the law of the land

Question 3

What are the principles of the rule of law

Answer 3

aw must be clear and predictable
○ Exercise of discretion should be subordinate to exercise of law
○ equality before the law
○ State should provide essential safety net for settlement of matters which priv parties and individuals are unable to resolve
○ State should adhere to international and national obligations

Question 4

Relevance of 1066

Answer 4

William the conqueror re-allocated land to his supporters and created rules, customs, a chain of command

Question 5

Relevance of Magna Carta

Answer 5

○ Taxation by consent
○ Importance of commercial interests such as city of london
○ Importance of Rule of Law
Existence of courts and their officials

Question 6

Relevance of Bill of Rights 1688

Answer 6

○ Restriction on power of monarchy-cant make laws without parliament
○ Mentions freedom of speech, existence of juries and requirement for free elections

Question 7

Difference between civil and criminal law

Answer 7

Civil-contracts, disputes, difference. Outcome measured in remedies and matter must be proved on balance of probabilities
Criminal-imposes restrictions and obligations, outcome measured in punishment, public invilced

Question 8

What are the main sources of Law

Answer 8

1. Acts of Parliament
2. Case Law
3. Common Law
4. Equitable principles

Question 9

What is the oldest statute

Answer 9

statute of Marlborough 1267

Question 10

What is the process of the creation of a statute?

Answer 10

1. Gov publishes Green Paper
2. Gov publishes White Paper
3. Bill drafted
4. House of Commons (1st reading, 2nd reading, committee stage, report stage, 3rd reading
5. House of Lords (Same stages as HoC)
6. HoC (Returned to commons on third reading for amendments to be approved)
7. Royal assent (Bill becomes Act/law)

Question 11

What is a green paper

Answer 11

consultation doc on possible new law

Question 12

What is a white paper

Answer 12

incorporates gov firm proposal for new law

Question 13

What happens at the first reading

Answer 13

bill printed/published

Question 14

What happens at the second reading

Answer 14

main HoC debate

Question 15

What happens at the committee stage

Answer 15

whole house or specialist committees

Question 16

What happens at the report stage

Answer 16

HoC vote on proposed amendments suggested by committee

Question 17

When can the Commons bypass the lords

Answer 17

if they reject a bill twice

Question 18

When does a bill become an act

Answer 18

on royal assent

Question 19

When do statutes apply to the whole of the UK

Answer 19

in absence of statement to contrary

Question 20

What is the purpose of equity

Answer 20

arriving at a resolution that is fair to all parties taking into account a range of considerations

Question 21

What are examples of equitable maxims?

Answer 21

Equity looks on that as ought to be done as done (will enforce intention of parties)
He who comes to equity must come with clean hands
Delay defeats equity
Equity will not suffer a wrong to be without a remedy

Question 22

Examples of equitable remedies

Answer 22

Equitable remedies

Question 23

What did the Supreme Court of Judicature Acts 1873/5 do?

Answer 23

Created single court structure, merging systems of equity and common law (so all courts consistent and give both common law/equitable remedies in same procedures)

Question 24

What may judges consider in cases in developing law?

Answer 24

Facts
Other case law
Statute
Rule of Law
Ethics
Morality
Society

Question 25

What are the 6 areas of case law

Answer 25

Individual freedom
Entitlements
Constitutionality
Societal Change
Business
Perpetuation of injustice

Question 26

What is Habeas corpus

Answer 26

cannot be detained, and deprived of your freedom, unless the law
allows it

Question 27

Key case law relating to entitlements

Answer 27

Slade’s Case (1602): innocent party in any breach of contract is entitled to
‘an action on the case’, ie more than the simple basic act of repayment of a debt

Question 28

What is the Relationship between legislation and case law

Answer 28

1. Parliament amends/passes law
2. Event/dispute
   3.Judges interpret law and make a ruling
3. Case law
4. Parliament fusses over case law
5. Back to beginning

Question 29

Key case law relating to business and the creation of wealth

Answer 29

Case of Monopolies (aka Darcy’s Case)
Significance today:
1. reinforced the limits of Crown prerogative
2. confirmed the law should protect mercantile endeavour as much as individual liberties (1st against the state then in favour of consumers, then against other entities that seek to abuse their powers)