T1 The English legal system Flashcards
Law definition
a system of rules that a society or government develops in order to deal with crime, business agreements and society relationships
types of law
> international law
national law
The English legal system:
> criminal law
> civil law ( private law e.g. tort, contract, business, land, family, company…)
doctrine of judicial precedence
Principles of Law decided by a Court are binding upon inferior Courts in the future if the same issue of Law arises.
This doctrine is subject to the following:
> Identification of the legal principle established
An agreed hierarchy of the Courts
A system of Law reporting.
common law
describes rules of law involved through court cases over the past 800 years
equity
rules developed by the Lord Chancellor and the Chancery Courts
equitable remedies
> specific performance
rescission
injunctions
Judicial precedent
cases are a source of law. This characteristic is called JUDICAL PRECEDENT
stare decision
let the decision stand e.g. murder
ratio decidendi
the reason for the decision
- binding section in judgement
obiter dicta
other comments made
- persuasive only
the doctrine is subject to the following
> Identification of the legal principle established.
An agreed hierarchy of the courts.
A system of law reporting
the separation of powers- legislative
parliament- house of lords and house of commons and queens
the separation of powers- executive
the PM and cabinet
the separation of powers- the judiciary
appointed judges
statute law
> Acts of Parliament – Statutes (Legislation)
Superior law
E.g. The Employment Act 2008 divided into Sections and subsections
Cannot be challenged by the courts (save the European Courts where an Act conflicts with European legislation
An act must be go through the full process of debate, be approved by both Houses of Parliament and receive the Royal Assent before they become law.
‘Bill’ whilst in transit through the Houses and Sections are called clauses
common law
> Case Law and Equity/judge made law
Judges must interpret and apply legislation and previous decisions
Superior courts make binding decisions where Parliament has not legislated
law reform- influence primary legislation
> the government
advisory agencies
individual MPs
pressure groups
press/media pressure
English legal system- criminal court system
Supreme Court of the United Kingdom
↑
Court of Appeal (Criminal Division)
↑
High Court [Divisional Court
Of the Queen’s Bench Division]
↑
Crown Court
↑
Magistrates Court [including Youth courts]
English legal system- civil court system
Supreme Court of the United Kingdom
↑
Court of Appeal (Civil Division)
↑
High Court
[Queen’s Bench Division Chancery Division Family Division]
↑
County Court
[including Small Claims Court]
alternative dispute resolution
> arbitration- e.g. central arbitration committee
legally binding decisions
conciliation
mediation
ombudsmen
crim law- purpose of the law
To preserve social order by punishing wrongdoers and deterring others from committing crimes
crim law- parties in the case
The State (R – Regina) prosecutes the defendant
e.g. R v Hudson
crim law- outcomes of the law
An innocent defendant is acquitted. A guilty defendant is convicted. Punishment such as imprisonment or a fine is imposed.
crim law- courts involved
Always starts in the Magistrates Court and may progress to the Crown Court
crim law- burden/standard of proof
the prosecution must prove guilt of the defendant beyond reasonable doubt
crim law- examples
Murder; Theft; Sexual offences; Drugs offences; Terrorist offences and Motoring offences
civ law- purpose of the law
To compensate a person who has suffered loss or injury due to the acts/omissions of another
civ law- parties in the case
The claimant (the one who has suffered loss) brings the claim against the defendant (the one alleged to have caused the loss
e.g Carter v Thomson
civ law- outcomes of the case
The claimant either wins the case and is awarded a remedy, or loses and is not awarded a remedy
civ law- courts involved
Starts in either the County Court or The High Court
civ law- burden/standard of proof
The claimant must prove his case on a balance of probabilities
civ law- examples
Breach of contract; Negligence; Defamation; Divorce & Family matters; Employment disputes; Landlord & Tenant disputes; Company Law matters
arbiters of law and fact- civil courts
judges decide on both the law and the evidence (facts)
arbiters of law and fact- criminal courts
- ‘lay’ people decide on the evidence (facts)
- judges decide on matters of the law
lay personnel- Jury
> age: 18-75
electoral register
12 members
decide questions of fact and reach a verdict
lay personnel- magistrates
> undergo training
paid expenses only
not legally trained (clerk to the justice)
decide the facts sentence or commit to crown court
court personnel- superior judges
> justices of the supreme court
lord justices of appeal sit in the court of appeal
high court judges sit in the high court
court personnel- inferior judges
> circuit judges are full-time judges who sit in the county court or crown court
recorders are part-time judges that sit usually in the court and crown court
district judges sit in the county court and magistrates court
barristers
> advocates
legal consultants
junior barrister and Q.C.
self employed but share “chambers” with other barristers
hired gun and private access
solicitors
> mainly advise clients, draft contracts, wills, etc
can represent clients in lower courts
partnerships
majority of work- non contentious
judicial opps
