RC4: Legal system Flashcards
Common law, court hierarchy and concept of precedent
1
Q
What are the two types of law ?
A
- Common Law
- Law of Equity
2
Q
History of common law
A
- Common law system began to develop after 1066 and prior to this, they followd the Anglo Saxon law
- Law of Equity developed focusing on justice and fairness
- There was very little legislation i.e. the Poor Law 1601
- Further down the line, in the 18th centruy, the Judicature Acts 19873/1875 were formed
3
Q
What are the principles of maximum equity ?
A
- Equity is a form of law
- Equity will not suffer a wrong to be without a remedy
- He who seeks equity must do equity
- He who comes to equity must come with clean hands
- Delay defeats equity
- Equity follows the (common) law
- Equality is Equity
- Equity looks on that as done which ought to have been done
4
Q
Why is the Separation of Powers important ?
A
The three branches of state:
- Legislature
- Executive
- Judiciary
- There’s no abuse of power
- Power is shared and not concentrated in one branch
- Govt branches are accountable to each other
5
Q
What are the main sources of law ?
A
- Legislation- primary & secondary
- Common law
- EU law
- How much judicial discretion power is there today?
6
Q
Court system/ Hierarchy
A
The supreme court
COA
High Court
Crown Court/County Court
Magistrates Court
Tribunal
7
Q
Nature of legal proceedings/ key personnel
A
- Civil: instigated by a claimant (formerly plaintiff)
- Criminal: generally instigated by CPS (Crown Prosecution Service):
- Other examples of instigating investigations: Her Majesty’s Revenue and Customs (HMRC), Business, Energy, and Industrial Strategy (BEIS), Health and Safety Executive (HSE), local authorities
- Adversarial system
8
Q
Solicitors
A
- Instructed by client
- Rights of audience
- Duty to court
9
Q
Barristers
A
- Identified by name in reports
- Instructed on behlf of client by solicitors
- Duty to court
10
Q
Nature of legal proceedings/ progressing through the courts
A
First instance:
- Claimant/defendant
- Prosecution/defendant
Permission to appeal:
On appeal
- Appellant
- Respondent
Decision within proceedings:
- Appeal dismissed; decision (of lower court) affirmed
- Appeal allowed; decision (of lower court) reversed
