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Question 1

Common Law

Answer 1

Law established by court decisions rather than by statutes

Question 2

Breach of peace

Answer 2

A conduct that seriously endanger public peace and order.

Question 3

Shires

Answer 3

A district or division of country

Question 4

Writ

Answer 4

Formal written order issued by a court

Question 5

Civil Law System

Answer 5

A legal system which is based on Roman law and centers around codes

Question 6

Fealty

Answer 6

The tenant was bound to his lord by fealty, an oath of fidelity.

Question 7

Plaintiff

Answer 7

A plaintiff is the party who initiates a law suit before the court

Question 8

Precedent (case)

Answer 8

Any case that serves as a guide for similar cases

Question 9

Statute

Answer 9

Rules made by legislative bodies

Question 10

Overrule

Answer 10

To decide that a former decision was not correct

Question 11

Treatise

Answer 11

A Formel and systematic written discourse on some subject

Question 12

Material difference

Answer 12

A difference that is sufficiently important to be of legal consequence

Question 13

Barristors

Answer 13

Rechtsanwalt (in höheren Gerichten)

Presentation of cases in higher courts

Question 14

Solicitors

Answer 14

Rechtsanwalt (in niedrigen Gerichten)

Preparatory stage of court action

Question 15

Crown Prosution Service (CPS)

Answer 15

First national system for the prosecution of offenses. Independent of the police.

Question 16

Law Office (of the crown)

Answer 16

Represents the Crown in certain civil cases.

May appear in proceedings on behalf of the general public

Question 17

Judges

Answer 17

• First you must be a practicing lawyer
• Independent
• Judicial immunity (juristische Immunität)

Question 18

Queen’s Counsel

Answer 18

A status, conferred by the crown, that is recognised by courts.
- “Take silk” QC werden (Silk = bestimmtes Kleidungsstück)

Question 19

Men’s rea (Criminal law elements)

Answer 19

• mental state or degree of fault
• at relevant time
• intention
• oblique intention -> Foresight by defendant of virtual certainty
• Recklessness

Question 20

Actus reus (Criminal law elements)

Answer 20

• Act of doing that wich is criminal

- Surrounding circumstances prescribed by offence defintion

Question 21

General defenses (criminal law)

Answer 21

Justifications

• Self-Defence/Prevention of Crime
• Necessity
• Consent

Excuses

• Insanity
• Automatism
• Infancy
• Intoxication

Question 22

Murder

Answer 22

Unlawfully killing another person (actus reus) with the intention to kill or to do serious harm (men’s rea)

Question 23

Magistrate Courts

Answer 23

• deals with petty crimes (criminal) & recovery of certain debts
• panel of three unpaid lay magistrates
• assisted by the clerk of the court
• magistrates don’t have to follow this advise
• Appeal lies to the High Court (civil matters) & crown court (criminal cases)

Question 24

County Courts

Answer 24

• established by the county courts act 1846
• jurisdiction limited to civil cases with small claims & limited geographically (local)
• all claims less than 15.000 Pfund must start at county court
• circuit (Bezirks) Judges
• assisted by district judges
• appeal lies to Court of Appeal (civil division)

Question 25

Crown Court

Answer 25

- exclusively criminal jurisdiction - deals with serious crimes - hears appeals from the magistrate courts - trial conducted before a judge - jury consisting of 12 lay members of the public - appeal lies to Court of appeal (criminal division)

Question 26

High Court of Justice

Answer 26

- 3 divisions (Queen's Bench Division, Chancery Division, Family Division) - Queen's Bench Division - Wide range of contract law & tort cases (civil wrong) - Appeals from magistrate & crown court - Chancery Division - Land, trusts, insolvency - Patent Court - Family Division

Question 27

Court of Appeal

Answer 27

- Civil Division - Appeals from the County Court, Family Court & High Court of justice - Headed by Master of the Rolls (MR) - Criminal Division - Appeals from Crown Court - Headed by Lord Chief Justice - Decisions are binding to all lower courts - Permission to appeal is required

Question 28

Supreme Court of United Kingdom

Answer 28

- Court of last resort - Only hears cases with general public importance - 12 judges - Cannot overturn primary legislation (doctrine of parliamentary sovereignty )

Question 29

Law Clerk

Answer 29

A law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions.

Question 30

Appeal

Answer 30

Re-examination of case by higher court

Question 31

Outcome in civil cases vs. criminal cases

Answer 31

Civil Cases: defendant liable or not liable | Criminal Cases: defendant guilty or not guilty

Question 32

Use of the Jury

Answer 32

- Civil Cases | - rarely in (fraud, defamation, malicious prosecution & false imprisonment)

Question 33

Burden of proof

Answer 33

The party who asserts that something is true must prove that it is.

Question 34

Standard of Proof

Answer 34

Degree of proof that is required to establish the truth of a particular fact. - Civil Cases: "on a balance of probabilities" - Criminal Cases: "beyond a reasonable doubt"

Question 35

Unanimous verdict

Answer 35

All members of the jury are in agreement as to whether a defendant is guilty or not guilty.