Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Public Law > Sources of Law > Flashcards

Sources of Law Flashcards

1
Q

What is the law?

A

A system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by imposing penalties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What three courts developed from the King’s Council

A
  • Court of Exchequer
  • Court of Common Pleas
  • Court of King’s Bench
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What can common law mean?

A
  • Historical (King v local courts)
  • King’s Court v Equity
  • Case law v Statute
  • Common law countries v Civil law countries
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How could someone bring a claim to the King’s Court

A

Purchase a writ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What types of Writ were there?

A
  • Writ of right
  • Debt
  • Detinue
  • Covenant
  • Account
  • Trespass
  • Case
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What were the three problems of the writ system?

A
  • Too rigid
  • Not resolving in a just way
  • Remedy only damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How do judges decide a case?

A
  1. Consider evidence/decide what’s credible
  2. Consider applicable law (case law/statute)
  3. Apply law to facts and decide
  4. Decide remedy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does stare decisis mean?

A

Stand by what has been decided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What can a precedent be?

A

Binding or persuasive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does a judgment consist of?

A
  1. Summary of facts
  2. Statement of law (ratio decidendi and obiter dicta)
  3. Remedy - only binding parties
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is ratio decidendi?

A

The legal principle/rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is it called when a judge decides the ratio in an earlier case was very narrow?

A

Distinguishing aka ‘confining the case to its facts’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is obiter dictum?

A

Highly persuasive but not binding comments on law that is not necessary for the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are three examples of obiter dicta?

A
  1. Hypotheticals
  2. What judge wants law to be but for precedent
  3. Dissenting judgment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is approving?

A

A later decision that follows a decision from a previous higher court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is applying?

A

A later court considers facts of an earlier case to have similarities so applies the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is distinguishing?

A

Finding a material difference in facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is reversing?

A

Case where higher appeal court disagrees with lower court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is overruling?

A

A superior court decides precedent set in past case is wrong and sets a correct one

20
Q

When can the Court of Appeal depart from its own decision?

A
  • CoA came to previously conflicting decisions
  • It was overruled by SC
  • It was made per incuriam
21
Q

What is the Court hierarchy in terms of precedence?

A
  1. Supreme Court
  2. Court of Appeal
  3. High Court
  4. Upper Tribunal
  5. First Tier Tribunal
  6. Family Court
  7. County Court
  8. Crown Court
  9. Magistrates Court
22
Q

Which Court first administered Equity?

A

Court of Chancery

23
Q

How did equity first develop?

A

The concept of unconscionability where landowners would leave land to trusted friends before going to fight

24
Q

Complete: Equitable remedies remain … in modern law

A

Discretionary

25
What is the equitable maxim?
Equity follows the law
26
What did the Judicature Acts do for equity?
Abolished division between common law courts and court of chancery Created single High Court and Court of Appeal
27
What equitable remedies are available?
- Specific performance - Injunction - Declaration - Recission - Rectification
28
What is primary legislation?
Acts of Parliament
29
What is secondary legislation?
Subordinate legislation made by ministers under a 'parent' act
30
What can Parliament do re Statutory Instruments?
Approve or reject but not amend
31
What is the literal rule?
Giving words their ordinary, plain and natural meaning
32
What is the golden rule?
Give words their ordinary signification unless it would produce inconsistency/absurdity/inconvenience
33
What four questions are considered for the mischief rule?
1. What was the common law before the Act? 2. What was the mischief and defect which common law didn't provide for? 3. What was the remedy for the mischief Parliament intended to provide? 4. What was the true reason for the remedy?
34
What is the purposive approach?
Adding/ignoring words to support purpose of act
35
What is the contemporary approach?
Combining literal and purposive interpretations
36
What are the general rules of statutory interpretation?
1. Literal rule 2. Golden rule 3. Mischief rule 4. Purposive approach 5. Contemporary approach
37
What are the three most common linguistic presumptions?
1. Expressio unius 2. Ejusdem Generis 3. Noscitur a sociis
38
What categories of human rights are there?
- Absolute - Limited - Qualified
39
What incorporated the EEC into UK law?
European Communities Act 1972
40
What type of system is the UK?
Dualist
41
What established the EU?
Maastricht Treaty - TEU 1992
42
What is EU secondary legislation?
Regulations, directives and decisions CJEU case law
43
What effect do regulations have?
Direct effect
43
What effect do decisions have?
Binding on the parties to whom they're addressed
44
What effect do directives have?
Binding as to result but leave to national authorities the choice of form and method
45
What happens if a member state fails to implement a directive properly/on time?
Infringement proceedings
46
What methods have the court of justice developed to enable directives to be enforced in national courts?
Direct effect Indirect effect State liability

Public Law (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions