The English legal system

Question 1

what is the nature of law?

Answer 1

rules people must live by that is created by the state. If broken there are consequences

Question 2

characteristics of English law.

Answer 2

law is established by parliament but used to be by judges.
Judges made laws by interpreting statutes and developing common law

Question 3

what are UK courts rather than other courts

Answer 3

adversarial in nature rather than inquisitorial

Question 4

define adversarial.

Answer 4

judge decides who the winner is and supervises the proceedings.

Question 5

define inquisitorial.

Answer 5

the judge plays a more active role in the proceedings e.g. questioning witnesses

Question 6

what are the 4 areas of law in the UK?

Answer 6

Constitutional law
Criminal law
Civil law
Administrative law and revenue law

Question 7

constitutional law

Answer 7

the way the gov is run

Question 8

criminal law

Answer 8

public order and national security

Question 9

civil law

Answer 9

protects individuals rights

Question 10

administrative law and revenue law

Answer 10

how public services raise tax and how the money is spent

Question 11

what is English law split into?

Answer 11

private(civil) law and public law

Question 12

what falls under private law?

Answer 12

criminal law
constitutional and administrative law

Question 13

what falls under public law?

Answer 13

tort: negligence
family law
property: land
probate

Question 14

characteristics of criminal law

Answer 14

regulates behaviour
state punishes wrongdoers
cases in magistrates or the crown court
punishment is a fine or prison

Question 15

characteristics of civil law

Answer 15

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

Question 16

when is claimant and defendant used

Answer 16

in civil cases

Question 17

when is prosecution and defence used

Answer 17

in criminal cases

Question 18

when is appellant and respondent used

Answer 18

in civil and criminal cases when a decision is being appealed

Question 19

common law

Answer 19

law made by a judge

Question 20

what does parliament consist of in order?

Answer 20

house of commons
house of lords
the monarch

Question 21

direct legislation vs indirect legislation

Answer 21

direct= e.g. house of commons
indirect=another body under an enabling act e.g. council

Question 22

what are the steps to a bill becoming a law?

Answer 22

first reading
second reading
Committee stage
report stage
third reading

Question 23

first reading

Answer 23

title of the bill gets read out in the HOC
interested MPs can get a copy of the bill

Question 24

second reading

Answer 24

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

Question 25

committee stage

Answer 25

bill is examined and discussed in detail by a committee of the HOC

Question 26

report stage

Answer 26

committee reports back to the house and amendments are debated and voted upon

Question 27

third reading

Answer 27

bill is re- represented to the house and vote taken whether to pass it or not

Question 28

define delegated legislation and give examples.

Answer 28

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

Question 29

advantages of delegated legislation

Answer 29

it saves time
allows flexibility
specialist knowledge
parliament doesnt have to sit all yr

Question 30

disadvantages of delegated legislation

Answer 30

parliament is removed from the process
difficult to keep track
excessive legislation is passed
problems with technical material

Question 31

FINISH COMMON/CASE LAW