Sources & Categories of English Law Flashcards

W1

1
Q

what is ELS

A

A common law

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2
Q

what is Common Law

A

combination of law developed by judges & legislature

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3
Q

secondary source

A

help explain primary (article, journals, textbooks

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4
Q

primary source

A

state law ( case law, statutes, delegated legislation, regulations

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5
Q

4 main sources of UK law

A

Legislation
Case Law
Citation
EU Law

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6
Q

legislations are

A

law made by legislature (acts of parliament)

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7
Q

what is primary legislation

A

before act of parliament is passed it is a bill

bill can’t turn law unless passed by house of parliament with royal assent

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8
Q

two categories of primary legislations

A

public and private

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9
Q

what is private acts (law)

A

regulates relationship between citizens

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10
Q

what is public acts (law)

A

regulates relationship between public bodies

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11
Q

what is secondary legislation

A

law made by other bodies that parliament give their power to

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12
Q

case laws are

A

decisions made by judges

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13
Q

what are the two tasks in deciding case laws

A
  1. establish the facts

2. apply law

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14
Q

ration decidendi

A

reason to a decisions (may be binding on judges in future cases

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15
Q

obiter dicta

A

by the way (can’t bind judges in future- judge may be influenced by obiter dicta)

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16
Q

citation

A

cases that are reported and have reference