Revision for Legal Framework

Question 1

What two types of legal system come under National Law?

Answer 1

Civil law system

Common law system

Question 2

What do system of law do Common law, Statute and Equality come under?

Answer 2

Common law system

Question 3

What is international law commonly referred to?

Answer 3

Public international law

Question 4

What does international law govern?

Answer 4

External relations of states with each other and also the relationship between states and international institutions such as United Nations

Question 5

What do treaties regulate?

Answer 5

Treaties regulate the use of the sea, international telecommunications, transportation of people and goods by air, and the transfer of money between states

Question 6

What does the European Convention on Human Rights protect?

Answer 6

Human rights and fundamental freedoms

Question 7

What is national law?

Answer 7

The law that applies within a country

Question 8

What is the civil law system?

Answer 8

The law is created by a states legislature and comprises a collection of legal codes on different issues

Question 9

What is a judges role within the civil law system?

Answer 9

To interpret and apply the relevant code to the situation before them

Question 10

What is the common law system?

Answer 10

It is the term given to all legal systems that have adopted the English legal system

Question 11

What system of law developed as a case law centred system?

Answer 11

The common law system

Question 12

What should common law system not be confused with?

Answer 12

The common law system should not be confused with Common law

Question 13

What is common law also referred as?

Answer 13

Case law

Question 14

What is a judges job in common law?

Answer 14

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.

Question 15

What does stare decisis translate to?

Answer 15

To stand by what was decided

Question 16

Why was Equity developed?

Answer 16

Equity was developed in order to overcome the rigidity and inflexibility of the common law and eventually became a separate system of law

Question 17

What is Equity based on?

Answer 17

Principles of fairness

Question 18

What does Equity recognise?

Answer 18

Equity recognises legal rights and responsibilities in some areas that are not covered by the common law

Question 19

What takes precedent over case law?

Answer 19

Statute

Question 20

How is a statute created?

Answer 20

By an Act of Parliament

Question 21

What does writ of habeas corpus translate to?

Answer 21

You have the body

Question 22

What does constitutional law govern?

Answer 22

Constitutional law governs the relationship between the individual and the state

Question 23

What does the writ of habeas corpus demand?

Answer 23

It demands that the bring the prisoner before the court and justify the legality of the detention.

Question 24

What does Administrative law govern?

Answer 24

It governs the relationship between the state and individual affected by the different organs of government

Question 25

Is criminal law public or private law?

Answer 25

Public law

Question 26

Who is responsible for enforcing criminal law?

Answer 26

The state

Question 27

What does the law of contract govern?

Answer 27

It governs the rights and obligations of those who enter into contractual agreements

Question 28

What does the law of tort govern?

Answer 28

Certain standards of behaviour on individuals

Question 29

What does the law of succession govern?

Answer 29

The disposal of property on a persons death

Question 30

What does family law control?

Answer 30

Peoples private relationships such as a marriage or divorce

Question 31

Is the law of tort public or private law?

Answer 31

Private law

Question 32

Is constitutional law public or private law?

Answer 32

Public law