Revision for Legal Framework Flashcards
What two types of legal system come under National Law?
Civil law system
Common law system
What do system of law do Common law, Statute and Equality come under?
Common law system
What is international law commonly referred to?
Public international law
What does international law govern?
External relations of states with each other and also the relationship between states and international institutions such as United Nations
What do treaties regulate?
Treaties regulate the use of the sea, international telecommunications, transportation of people and goods by air, and the transfer of money between states
What does the European Convention on Human Rights protect?
Human rights and fundamental freedoms
What is national law?
The law that applies within a country
What is the civil law system?
The law is created by a states legislature and comprises a collection of legal codes on different issues
What is a judges role within the civil law system?
To interpret and apply the relevant code to the situation before them
What is the common law system?
It is the term given to all legal systems that have adopted the English legal system
What system of law developed as a case law centred system?
The common law system
What should common law system not be confused with?
The common law system should not be confused with Common law
What is common law also referred as?
Case law
What is a judges job in common law?
A judges job within common law is to establish what the facts are (what actually happened) and to determine how the law applies to those facts.
What does stare decisis translate to?
To stand by what was decided
Why was Equity developed?
Equity was developed in order to overcome the rigidity and inflexibility of the common law and eventually became a separate system of law
What is Equity based on?
Principles of fairness
What does Equity recognise?
Equity recognises legal rights and responsibilities in some areas that are not covered by the common law
What takes precedent over case law?
Statute
How is a statute created?
By an Act of Parliament
What does writ of habeas corpus translate to?
You have the body
What does constitutional law govern?
Constitutional law governs the relationship between the individual and the state
What does the writ of habeas corpus demand?
It demands that the bring the prisoner before the court and justify the legality of the detention.
What does Administrative law govern?
It governs the relationship between the state and individual affected by the different organs of government
