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law > paper 1 > Flashcards

paper 1 Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

how are laws made?

A

norms of behaviour

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2
Q

what is criminal law?

A

types of behaviour which are forbidden at risk of punishment a person who commits a crime is said to have offended against the state and so the state has the right to prosecute them

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3
Q

what is civil law?

A

private disputes between individuals and/or businesses some examples are employment and family law

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4
Q

differences between criminal and civil

A

criminal law is aimed at trying to maintain law and order so when a person is found guilty of an offence the offender will be punished

civil law upholds the rights of individuals courts can order compensation

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5
Q

claimant

A

legal term for person or organisation starting a civil claim in the courts

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6
Q

prosecutor

A

legal term for person or organisation bringing a criminal charge against a defendant

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7
Q

standard of proof

A

criminal cases must be proved beyond reasonable doubt
civil cases have to be proved on the balance of probabilities

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8
Q

custom law

A

historically important

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9
Q

common law

A

law made by judges

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10
Q

statute law

A

law made by parliament

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11
Q

dicey rule of law

A

absence of arbitrary power on part of the state
equality before the law
supremacy of ordinary law

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12
Q

problems with diceys views

A

conflicts with another fundamental principle, that of parliamentary supremacy means that act of parliament can overrule law also no body has right to override or set aside an act of parliament so under rule of law no arbitrary power

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13
Q

need for statutory interpretation

A

a broad term
ambiguity
a drafting error
new developments
changes in use of language

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14
Q

literal rule

A

take direct meaning of the word from dictionary

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15
Q

literal rule cases

A

whiteley v chappell (1868)
london and north eastern railway (1946)

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16
Q

golden rule

A

modification of the literal rule and avoids an interpretation that is absurd

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17
Q

golden rule cases

A

Adler v George (1964)
re Sigsworth (1935)

18
Q

mischief rule

A

looks back to gap in the previous law and interprets the act so as to cover the gap

19
Q

mischief rule cases

A

smith v Hughes (1960)
Eastbourne borough council v Stirling (2000)

20
Q

purposive approach

A

courts look to see what is the purpose of the law
quintavalle v human fertilisation and embryology authority

21
Q

advantages of literal approach

A

leaves law making to parliament
makes laws more certain

22
Q

disadvantages of literal approach

A

assumes that every act is perfectly crafted
words have more than one meaning
can lead to absurd results
can lead to unjust decisions

23
Q

advantages of purposive approach

A

leads to justice in individual cases
broad approach covering more situations
allows for new technology

24
Q

disadvantages of purposive approach

A

leads to judicial law making
can make law uncertain
difficult to discover the intention of parliament

25
Q

internal aids

A

preamble
interpretation section
headings

26
Q

external aids

A

previous acts of parliament on same topic
the historical setting
earlier case law
dictionaries of the time

27
Q

what is hansard

A

official report of what was said in parliament when the act was debated

28
Q

effect of human rights act (1998) cases

A

mendoza v Ghaidan (2002)

29
Q

doctrine of precedent

A

following the decisions of previous cases especially of higher courts

30
Q

original precedent

A

a decision on a point of law that has never been decided before

31
Q

binding precedent

A

a decision in a earlier case which must be followed in later cases

32
Q

persuasive precedent

A

a decision which does not have to be followed by later cases but which a judge may decide to follow

33
Q

dissenting judgement

A

a judgement given by a judge who disagrees with the reasoning of majority of judges in the case

34
Q

supreme court

A

most senior court and its decisions bind all other courts in the English legal system

35
Q

stare decisis

A

stand by what has been decided and dont unsettle the established

36
Q

ratio decidendi

A

reason for decision

37
Q

obiter dicta

A

other things said

38
Q

overruling

A

court in a later case states the legal rule decided in an earlier case is wrong

39
Q

distinguishing

A

a method by which judge would avoid having to follow what would otherwise be a binding precedent

40
Q

distinguishing cases

A

Balfour v Balfour

41
Q

advantages of precedent

A

certainty-courts follow past decisions
consistency and fairness in the law
precision
flexibility
time saving

42
Q
A

law (12 decks)

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