Legal Systems of England and Wales Flashcards
What is a legal system?
A body of institutions that makes, executes, and resolves disputes on the law within a particular jurisdiction
What is jurisdiction in the context of a legal system?
A political entity where a particular law is applicable.
What are the key components of a legal system?
- Constitution of a country
- Cultural and historical factors
- Unofficial and popular elements influencing conventions, customs, and principles
Who provided a modern definition of the rule of law, and what did they emphasize?
Lord Bingham emphasized that every person should be governed by and benefit from the law of the land
What are the key principles of the rule of law?
1.Laws must be clear and predictable.
2. Everyone should be equal before the law.
3. Discretion should be subordinate to the law.
4. The state must provide a safety net for unresolved private matters.
5. The state should adhere to its
What is the UK’s stance on international law?
The UK subscribes to treaties and conventions, but international law is considered equal to, not superior to, the legal system of England and Wales.
What must always remain paramount in relation to international law?
The rule of law must always remain paramount.
What does civil law focus on?
Agreements and private matters, such as contracts and disputes.
What is the burden of proof in civil law
The burden of proof is on the balance of probabilities.
What does criminal law focus on?
Punishment for actions forbidden by society, usually defined by statutes or other laws.
What is the burden of proof in criminal law?
The burden of proof is beyond reasonable doubt.
What is the foundational principle of criminal law?
A person is innocent until proven guilty.
What is the role of the police in the legal system?
The police are essential to the legal system and operate with the agreement and support of the general population.
Who controls police actions?
Police actions are controlled by local authorities and must remain within the law.
Are the police equal before the law?
Yes, the police are equal before the law.
What is case law?
Case law refers to decisions made by courts or judges from previous cases.
What is common law?
Common law is the original and traditional mode of decision-making by judges.
What are equitable principles?
Equitable principles aim to arrive at a resolution that is fair to all parties
2. Equity enforces the intention of the parties.
“He who comes to equity must come with clean hands.”
What are some traditional sources of law?
•. The Crown (monarchy)
• The nobility
• Judges and Parliament
• The military
• Religion
What is the primary role of judges?
The central role of judges is making decisions in court (case law).
What takes priority: law, morality, or ethics?
Law takes priority
How should courts approach morality and ethics?
Courts should consider the human element of cases.
They can adapt as necessary based on the will of society.
What does parliamentary sovereignty mean?
Parliament is the supreme law-making body in England and Wales.
Who can make or unmake laws in England and Wales?
Only Parliament can make or unmake laws.
Can Parliament make laws of any kind?
Yes, Parliament can make laws of any kind.
Does EU law still influence England and Wales?
Yes, EU law continues to have some influence
Can UK courts declare legislation invalid?
No, UK courts have no power to declare legislation invalid.
Can Parliament bind its successors or protect a statute from repeal?
No, Parliament cannot bind its successors or protect a statute from repeal.
When do bylaws take effect?
Only after confirmation by an appropriate government minister.
What is a green paper?
A proposal for laws at a formative stage.
What happens to a green paper if it is favored?
It moves to a white paper
What is a white paper?
A document issued by the government setting out proposals for change, which can lead to parliamentary debate.
What is a bill?
A drafted law discussed, amended, and progressed through Parliament.
What is the difference between a bill and an Act?
A bill is a draft law; an Act is the final version of the law after receiving royal assent.
What type of legislation are bills?
.
A: Bills are primary legislation
What is a public bill?
A bill that concerns matters affecting the public as a whole.
What are the two types of public bills?
Government bills: Introduced by a minister.
Private members’ bills: Introduced via ballot or ordinary presentation.
What is a private bill?
bill that affects a particular group, organization, or locality.
What is a hybrid bill?
A bill that contains elements relevant to both the general public and private parties
What is consolidation?
Re-enacting laws from multiple statutes into one without materially changing earlier legislation.
What is codification?
Combining all law on a topic (from common law, custom, and statute) into one new statute, which may change pre-existing law.
Who interprets statutes in England and Wales?
Lawyers and judges interpret statutes, with courts having the role of interpreting legislation.
What is the literal rule in statutory interpretation?
Words must be given their plain, ordinary
and literal meaning.
What is the golden rule?
Words should be given their ordinary meaning unless it produces an absurd result.
What are the two senses of the golden rule?
Narrow sense: Resolves ambiguity in wording.
Wider sense: Avoids going against public policy principles.
What does the golden rule allow courts to do?
Choose between interpretations to avoid absurd results.
What does the mischief rule focus on?
The intention of the legislator and the “mischief” the statute was intending to remedy.
When is the mischief rule used?
To avoid harm or correct a default the statute was intended to address.
: What is the purposive rule?
Judges consider the statute’s purpose and reason for creation, even if it means departing from the ordinary meaning of words.
What did the Human Rights Act enact into UK law?
The European Convention on Human Rights.
What does Section 3 of the Human Rights Act state?
Legislation must be read and given effect, as far as possible, in a way that is compatible with convention rights.
What are intrinsic aids to interpretation?
Judges refer to parts of the statute itself, reading the statute as a whole and in context to understand a particular section.
What are extrinsic aids to interpretation?
Tools outside the statute, such as dictionaries, other statutes, Hansard (parliamentary reports), and academic sources like textbooks
What is a presumption in law?
A rule understood by judges without needing proof, which applies unless strong evidence shows Parliament intended otherwise.
Who appoints judges in England and Wales?
Judges are appointed by the Judicial Appointments Commission (JAC).
Who are magistrates, and what do they do?
Magistrates, or justices of the peace, rule on minor criminal matters (e.g., minor assault, driving offenses) and rely on advice from qualified legal clerks.
What are the sentencing powers of magistrates?
Up to 6 months for a single offense or 12 months for multiple offenses.
How do district judges differ from magistrates?
District judges are qualified lawyers, decide cases alone, and handle more complex matters.
What qualifications are required for a district judge?
Five years’ right of audience and 30 days as a deputy district judge
What types of cases are handled in the Crown Court?
Serious criminal cases
Who presides in the Crown Court?
High Court judges, circuit judges (with at least 10 years’ audience rights), and recorders (junior circuit judges working part-time)
What is the role of a jury in criminal cases?
Jurors evaluate evidence, follow judicial guidance on law and procedure, and deliver a verdict.
What are the eligibility criteria for jury service?
Must be 18-75 years old, on the electoral roll, and have lived in the UK for at least five years.
What is the role of district judges in civil courts?
They handle minor civil matters in district registries across England and Wales.
What is the role of county court judges?
Handle a wide range of legal topics, assisted by fee-paid and senior district judges.
What matters do High Court judges handle?
Complex and expensive civil cases, divided among three divisions: Queen’s Bench, Chancery, and Family.
Who comprises the senior judiciary?
Supreme Court justices and chief justices of the Court of Appeal.
How many Supreme Court justices are there, and who is the head?
12 justices, led by the President of the Supreme Court.
What is the structure of the civil court hierarchy?
- Supreme Court
- Court of Appeal
- High Court
- Crown Court
- Magistrates’ Court
- County Court
- Family Court
How are appeals handled from the County Court?
• District judge to circuit judge.
• Circuit judge to High Court.
• Appeals require permission, filed (within 21 days.)
What are the three divisions of the High Court, and what do they handle?
- Queen’s Bench Division: Tort and contract cases.
- Chancery Division: IP, revenue, tax, wills, and trusts.
- Family Division: Divorce, child protection, and remedies for violence.
Where do appeals from the High Court go?
To the Court of Appeal (Civil Division).
What criteria are required for an appeal
Real prospect of success or an important point of principle/practice
What is required to appeal to the Supreme Court?
Permission, filed within 28 days, with a matter of general public importance.
What is the Judicial Committee of the Privy Council?
A body including government ministers, senior opposition politicians, and judges.
What is legal precedent?
Prior decisions of higher courts influence lower courts, ensuring consistency and reliance on existing law.
What is ratio decidendi?
The central legal reasoning of a case, capable of creating precedent.
What is obiter dicta?
Statements in a judgment not necessary for the case conclusion but which may become significant in the future. (Obiter dicta means “other things said.”)
What are the two sorts of ratio decidendi?
- Narrow ratio: Relates to specific facts of the case and allows courts to distinguish between cases.
- Wide ratio: Gives key legal reasoning applicable to a wider range of situations.
Define “affirming” in case law terminology.
higher court confirms it agrees with the appeal decision from a lower court.
Q: Define “applying” in case law terminology.
When a court adopts statements or reasoning from another decision.
Define “departing” in case law terminology.
When a court at the same level disagrees with a previous decision in another case.
Define “overruling” in case law terminology.
A higher court declares a previous decision by a lower court in a different case to be wrong
Define “reversing” in case law terminology.
A higher court disagrees with the decision made by a lower court in the same case proceedings.
What is the statutory basis for murder and manslaughter?
There is no statutory basis; these are common law offences.
What is the intent required for murder?
Intent to kill.
What defines manslaughter?
Engaging in an unlawful, dangerous act likely to injure another person and causing death by that act.
What is the legal definition of theft according to the Theft Act 1968?
Dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.
How does case law assist in theft cases?
It provides clarity and interpretation of the Theft Act 1968.
What are the purposes of sentencing according to the Criminal Justice Act 2003?
- Punishment of the offender.
- Reduction of crime.
- Reform and rehabilitation.
- Protection of the public.
- Making reparations to victims.
What are the tools used in sentencing decisions?
Sentencing ladder, sentencing council guidelines, and mitigating factors.
What professional conduct obligations must solicitors adhere to?
- Uphold the rule of law and proper administration of justice.
2. Maintain public trust and confidence.
3. Act with independence, honesty, and integrity.
4. Encourage equality, diversity, and inclusion.
5. Act in the client’s best interest.
6. Avoid misleading the court while maintaining client confidence.
7. When conflicts arise, prioritize public interest.
