M1: UK LEGAL SYSTEM Flashcards
What is the role of law and what types of law do we have in the UK?
Role of the law is to control the behaviours of people.
Two types of law:
1. Public (Criminal) law
2. Private (Civil) law
What are the distinctions between public (criminal) and private (civil) law?
In terms of purpose, action, Standard of proof, burden of proving and punishment
Purpose:
- Public/Criminal law is to regulate behaviours of people with threat of punishment.
- Private/Civil law is for private individuals and companies to settle legal disputes.
Action:
- In public law, The case is brought by the state in the name of the Crown Rex in England/Wales and Lord Advocate in Scotland (His Majesty’s Advocate, or
HMA).
- In private law, The claimant (England/Wales and Scotland) shall raise the action, ie the individual who has suffered a loss, and the other party to the action is called the defendant (England/Wales) or
respondent (Scotland).
Std. of proof:
- Public law is beyond reasonable doubt.
- Private law is on the balance of probabilities.
Burden of proving:
- Public law rests with the state to prove.
- Private law rests with the claimant.
Punishment:
- Public law is prison, fined/community service.
- Private law is compensation for the claimants loss.
What are the sources of law within the UK?
Primary sources:
1. Case law – judicial decisions and precedents established by courts over time.
2. Legislation/statutory law – parliament has the authority to enact laws and statutes through Acts of parliament. Statutory laws are interpreted by the courts, further contributing to the development of common law.
Who makes UK law?
The UK Parliament.
Process:
- A Bill presented in parliament then goes through a series of stages before being made law by the King by royal assent.
What is delegated legislation, and includes?
Delegated legislation is when Parliament can ‘delegate’ law-making powers to another ‘body’ to make law in their specific area.
Includes:
* Bylaws
* Statutory instruments
* Orders in Council
What is it called when UK courts challenge delegated legislation?
Judicial review.
Whats it called when a delegated body of Government is acting beyond its powers?
Ultra vires.
How do courts use these sources of law?
(Doctrine of precedent)
The decisions of the higher courts are effectively sources of law in terms of the precedents that those decisions create, which bind lower courts in future decisions.
What does ‘Ratio Decidendi’ mean and how is it used?
The legal reason for the ruling is binding on lower courts in the future.
How are the civil court systems in the UK structured?
(& For scotland aswell)
(England, Wales):
1. UK Supreme Court
- Court of Appeal
- High Court (King’s Bench Division, Chancery Division & Family Division)
- Magistrates & County court
Scotland:
1. UK Supreme Court
- Court of Session (Inner house)
- Sheriff Appeal court & Court of Session (Outer house)
- Sheriff Court & All-Scotland Sheriff Personal Injury Court
What does ‘acting in the public interest’ mean, according to ICAS Code of Ethics?
“Involves having regard to the legitimate interests of clients, government, financial institutions, employers, employees, investors, the business and financial community and others who rely upon the objectivity and integrity of the accounting profession to support the propriety and orderly functioning of commerce.”
What are the five fundamental principles of ethics for professional accountants?
(COPIP)
- Confidentiality
- Objectivity
- Professional competence and due care
- Integrity
- Professional behaviour
What do we mean by law versus ethics?
Law provides an enforced framework of rules and regulations,
Ethics delve deeper into our moral obligations and principles.
