Paper 1.1 - Introduction to Nature of Law

Question 1

What is the court hierarchy for civil courts?

Answer 1

1. Supreme Court
2. Court of Appeal
3. High Court (Kings’ Bench, Chancery and Family)
4. County Court (Small Claims, Fast and Multi-track)
5. Magistrates’ Court (for some civil proceedings)

Question 2

What is the court hierarchy for criminal courts?

Answer 2

1. Supreme Court (House of Lords before 2009)
2. Court of Appeal
3. Crown Court
4. Magistrates’ Court

Question 3

Name three courts outside of the standard hierarchy.

Answer 3

EG
Tribunals, Coroner’s court and the European Court of Human Rights.

Question 4

What is the purpose of civil law?

Answer 4

To uphold the rights of individuals.

Question 5

What is the legal name for a person starting a civil suit?

Answer 5

The claimant.

Question 6

What is the standard of proof in civil court?

Answer 6

In the balance of probabilities (51%).

Question 7

Who makes the judgement in a civil case?

Answer 7

A judge.

Question 8

What is the term for being responsible of a crime in a civil case?

Answer 8

Liable.

Question 9

What may a civil court impose on a liable defendant?

Answer 9

Damages / Injunctions.

Question 10

What is the purpose of criminal law?

Answer 10

To maintain law and order.

Question 11

What is the legal name for the person starting a criminal case?

Answer 11

The prosecution.

Question 12

What is the standard of proof in criminal cases?

Answer 12

Beyond reasonable doubt (95%).

Question 13

Who makes the judgement in a criminal case?

Answer 13

Magistrates’, CoA, Supreme: Judge
Crown: Jury

Question 14

What is the term for being responsible of a crime in a criminal case?

Answer 14

Guilty.

Question 15

What can the court sentence a guilty defendant to?

Answer 15

Prison, community order, fines, etc.

Question 16

Law developed through three stages: customs (rules within a community), common law (precedent drawn from customs) and what?

Answer 16

Statutes (law created by Parliament)

Question 17

What are the 3 principles of rule of law?

Answer 17

1. Nobody is above the law.
2. Law must be clear and accessible.
3. Laws must be made and enforced fairly.

Question 18

What is the purpose of the rule of law?

Answer 18

Supports democracy by ensuring the government is accountable under the law; justice is achieved.

Question 19

What is an example of the rule of law in action?

Answer 19

EG
Gina Miller took the government to court over Article 50 (Brexit).

Question 20

Summarise the views of the academic Dicey.

Answer 20

State must not have total power.

Question 21

Summarise the views of the academic Raz.

Answer 21

Judges must be independent.

Question 22

Summarise the views of the academic Lord Bingham.

Answer 22

Human rights should be protected by UK law.

Question 23

Why is the rule of law important?

Answer 23

EG
The rule of law upholds democracy by ensuring the government are binded to their own rules.