the english legal system Flashcards
what legal system do we have in the UK
we have a common law system built up from 800 years of high court cases
what is an ‘equitable remedy’
an injunction or compensation that equally values the crime committed against you
what is a ratio decideni?
the reasons for the decision made or in other words the binding bit of the judgement which justifies the courts decision
what does Obiter Dicta mean?
other comments made that are persuasive but not as binding or convincing a the ratio
what does a ‘practice statement’ mean
before 1966 it was convention that once the highest courts in the land had made a decision they were bound to that decision and couldn’t go back.
in 1966 lord garnier issues a practice statement that. he goes against his precedent allowing court rullings to overide previous rullings
what are the three types of statutory interpretation
- literal rule
- golden rule
- mischief rule
the literal rule
this rule means that the court will take the words of an act at face value even if it produces an absurd result
ex. fisher v bell. bell was selling flick knives in his shop which fisher argued went against the offensive weapons act. bell was found not guilty as the words of the act said ‘offering to sell’ and he argued he was only displaying them and not offering them so was found not guilty
the golden rule
- used when the court realises that appliciton of an act will create a completley absurd result so instead the golden rule interprets ‘what was the purpose of the law’
ex. alder v george. George was a cnd protester who broke into an air base. was charge under the official secrets act for ‘being in the vicinity of a public area.
geroge arguedd that eh wasnt in the vicinity he was actually in the air base
however the judges interpreted the world vicinity to mean in or on so he was prosecuted
the mischeif rule
when the wording of an act was too ambiguous in the first place the courts will instead look at what parliament was trying to fix
smith v hughes. street workers in the red light distict began to solicit from their bedroom windows as opposed to the street due to police crackdowns
the street offences act only includes public soliciitng so the prositues agurd they were doing no worng
the act howver was attmepting to get rid of soliciting so the girs were still charges
what is delegated law
when the governemnt produces a skeleton of an act that is then passed down to local councils where they can act independently to bulk the act up tailord to their area
ex.the rules of roundaounts need to be different in manchester as they do in a small countryside village
however they must work ‘intra vires’ if they work outside this framework then are acting ultra virew and can be subject to a judicial review
who can influence primary legislation?
- the government
- individual MPS can propose laws
- media pressure
- think tanks and external advisors
- pressure groups
stephen lawrence example of media pressure affecting primary legislation
- after the trial of stephen lawrence and the awful police investigation into his murder his murdered were acquitted and after that couldn’t be trialled again due to double jeopardy law
media pressure led to them changing the double jeopardy law allowing for people to be tried again if there is new compelling evidence
who has the burden of proof in civil cases?
the claimant
who has the burden of proof in criminal cases
the crown prosecution service
what does the standard of proof have to be in a civil case?
balence of probabilities. the claimants evidence has to be better and more probably for them to win
what does the standard of proof have to be in criminal cases
the evidence provided by the CPS has to proove that beyond reasonable doubt the crime took place
what is a tribunal?
- 3 people on panel who are legally qualifies with lay personnel on either side (like a small magistrates court) each gourp taking the interest of either parties
- ex in an emploment case someone from a trade union may be thier ley perssonel
- was designed to evliviate the courts be less formal but now the have becme over ran
- they are also very formal taking an oath and sticking to rules of evience
what is a central arbitration committee
- when there is a dispute between people in a business an arbirtaor cna b brought in who are a specialist in thier industry
- their decisions are legally binding and cannot be appealed
- private and cheaper than going to court
what is concillation
if a dispute arises (usually in employment situations) a concillation an be asigned (through ACAs website) who will try and settle the case befre you take it to a tribunal. if set up it is complusary to attend but you dont have to follow their advice like a arbirator
what are the courts of first instance in civil cases
the country court or high court
what are the courts of first instance in criminal cases?
magristaes and crown court
what amount of money do small claims courts cover
up to £500 and are assigned to casesa fter a country claims form has been filled out
(dont need to higher a soliciter) more accsessable
what amount of money do country courts hear up to
£25,000 in damanges and 50,000 personal injury
what are the different branches of the high court?
queens bench: main one dealing with contract, civil liberties and torts
chancery: wills and trusts
what are indictable offences
major crimes suchas murder, arson, rape and these autoatically go to the crown court
what are summary offences
minor crimes that go striaght to the magistrates such as drunk driving, speding or driving without insureace
what are tryable either way offences
dependent on the servity of the case they cudl either be tryed in crownor magistrates.
they are negotiatble s to what court they will go to
for example theft could be minor or the crown jewles
what % of crimes do magistrates hear?
98-99% exemplifying that most crimes committed in the UK are summary offences
what sentencing power do magistrates have?
- they can fine an unlimited amount (£5,000 cap removed)
- can only sentence up to 6 months
when was the double jepoardy act removed
in the 2003 criminal justice act
