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PHA 333 > The legal system > Flashcards

The legal system Flashcards

1
Q

what are the sources of law in the UK?

A
  • The Constitution;
  • Legislation;
  • European Law; and
  • International Law
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2
Q

what are the legal systems in the UK?

A
  • England & Wales;
  • Scotland; and
  • Northern Ireland
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3
Q

what does the constitution involve?

A

legal systems
system of governance
structure of parlimentary system
separation of powers

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4
Q

what is the system of governacne broken down into?

A

parlimentary system- doctrine of supremacy/ sovereignty

head of state- constitutional monarchy/ royal prerogative

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5
Q

what is the structure of parlimentary system?

A

house of commons

house of lords

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6
Q

how is the separation of powers in the constitution broken down?

A

exceutive power
legislative power
judicicary power

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7
Q

what is involved in legislation?

A 
types of legislative bill
stages of legislative bill
acts of parliment
relevant acts of parliment
rules of statuatory interpretation
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8
Q

what are the types of legislative bill?

A

public/government bills

private members/ non-government bills

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9
Q

what are the stages of a legislative bill?

A 
first reading
second reading
committee stage
report stage
third reading
proceedings in the house of lords
royal assent
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10
Q

how is legislation broken down?

A

acts of parliment
relevant acts of parliment
rules of statuatory interpretation

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11
Q

what are the relevant acts of parliment?

A

freedom of information act 2000
mental health act 2007
equality act 2010

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12
Q

what are the rules of statuatory interpreation?

A

the literal rule
the golden rule
mischief rule

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13
Q

what are the sources of european law?

A

treaties( treaty of rome, treaty of european union)
european legislation: regulations (ionising radiation regulations 1999)
directives (working time directive 2003)

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14
Q

what does the european convention of human rights act 1998 say?

A

right to provacy
right to family life
right to avoid inhuman and degrading treatment

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15
Q

what are the division of law and legislation?

A

public law and private law

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16
Q

how is public law divided?

A
  • Constitutional Law;
  • Administrative Law; and
  • Criminal Law
17
Q

how is private law broken down?

A

Contract Law;
Tort Law; and
Employment Law

18
Q

what is the structure of the court and hierarchy?

A

law courts
specalist law court
legal tribunals

19
Q

what are the different types of law courts?

A 
The Magistrates Court;
• The Crown Court;
• The Family Court;
• The County Court;
• The High Court;
• The Court of Appeal; and
• The Supreme Court
20
Q

what are the different speaclist courts?

A
  • The Coroners Court;
  • The Court Martial; and
  • The Financial Court
21
Q

what are the different legal tribunals?

A
  • Asylum & Immigration Tribunal;
  • Employment Tribunal; and
  • Mental Health Tribunal
22
Q

what are the different bracnhes of the profession in the legal profession?

A

solicitors and barristers

23
Q

what are the different law officer positions?

A
  • The Attorney General;
  • The Director of Public Prosecutions; and
  • The Head of Judiciary (Lord Chief Justice & Lord Chancellor)
24
Q

what are the differences between civil and criminal law?

A

Civil Law deals with Legal Disputes between Private Individuals or Companies.
Criminal Law involves the Prosecution on Indictment of a Private Individual/Citizen, by the
Director of Public Prosecutions, on behalf of the Crown Prosecution Service.

25
Q

what is the differences between civial and criminal law in relation to its legal parties?

A

In Civil Cases the Legal Parties involved are the Claimant (the Legal Party Issuing the Legal
Claim) and the Defendant (the Legal Party Refuting the Legal Claim).
In Criminal Cases the Legal Parties involved are the Director of Public Prosecutions/Crown
Prosecution Service and the Accused.

26
Q

what is the difference between civil and criminal law in relation to the burden of proof?

A

In Civil Cases the Burden of Proof is on the Claimant.
In Criminal Cases the Burden of Proof is on the Director of Public Prosecutions/
Crown Prosecution Service.

27
Q

what is the differences in civil and criminal law in relation to the standard of proof?

A

The Standard of Proof for Civil Cases is the “Balance of Probabilities”.
The Standard of Proof for Criminal Cases is “Beyond a Reasonable Doubt”.

28
Q

what is the civil law remedies?

A
  • Damages;
  • Declaration;
  • Injunction; and
  • Specific Performance
29
Q

what is the criminal law remedies?

A
  • Imprisonment;
  • Fine;
  • Community Sentences; and
  • Discharges
30
Q

what are the characteristics of a common law system?

A
  • Doctrine of Stare Decesis (Legal Precedent);
  • Binding & Persuasive Authority; and
  • Ratio Decidendi & Obiter Dicta

PHA 333 (42 decks)

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