The English legal system Flashcards
what is the nature of law?
rules people must live by that is created by the state. If broken there are consequences
characteristics of English law.
law is established by parliament but used to be by judges.
Judges made laws by interpreting statutes and developing common law
what are UK courts rather than other courts
adversarial in nature rather than inquisitorial
define adversarial.
judge decides who the winner is and supervises the proceedings.
define inquisitorial.
the judge plays a more active role in the proceedings e.g. questioning witnesses
what are the 4 areas of law in the UK?
Constitutional law
Criminal law
Civil law
Administrative law and revenue law
constitutional law
the way the gov is run
criminal law
public order and national security
civil law
protects individuals rights
administrative law and revenue law
how public services raise tax and how the money is spent
what is English law split into?
private(civil) law and public law
what falls under private law?
criminal law
constitutional and administrative law
what falls under public law?
tort: negligence
family law
property: land
probate
characteristics of criminal law
regulates behaviour
state punishes wrongdoers
cases in magistrates or the crown court
punishment is a fine or prison
characteristics of civil law
gives rights to individuals
injured party brings the action
most cases heard in county court and high court and in certain tribunals
remedy is damages or a possible injunction
when is claimant and defendant used
in civil cases
when is prosecution and defence used
in criminal cases
when is appellant and respondent used
in civil and criminal cases when a decision is being appealed
common law
law made by a judge
what does parliament consist of in order?
house of commons
house of lords
the monarch
direct legislation vs indirect legislation
direct= e.g. house of commons
indirect=another body under an enabling act e.g. council
what are the steps to a bill becoming a law?
first reading
second reading
Committee stage
report stage
third reading
first reading
title of the bill gets read out in the HOC
interested MPs can get a copy of the bill
second reading
Gov explain the bill to HOC and the principles get debated
they vote and if a majority of MPs are in favour of the bill then it goes to the next sage
committee stage
bill is examined and discussed in detail by a committee of the HOC
report stage
committee reports back to the house and amendments are debated and voted upon
third reading
bill is re- represented to the house and vote taken whether to pass it or not
define delegated legislation and give examples.
laws made by bodies outside of parliament
orders in council e.g. laws made in covid
statutory instrument e.g. food safety
byelaws e.g. parking restriction made by airport authority
advantages of delegated legislation
it saves time
allows flexibility
specialist knowledge
parliament doesnt have to sit all yr
disadvantages of delegated legislation
parliament is removed from the process
difficult to keep track
excessive legislation is passed
problems with technical material
FINISH COMMON/CASE LAW
