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AQA A-level Law > The nature of law and the English legal system > Flashcards

The nature of law and the English legal system Flashcards

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1
Q

What is the distinction between enforceable legal rules and principles and other rules and norms of behaviour?

A

Enforceable legal rules and principles are rules that can be enforced by the courts, while other rules and norms of behaviour are social expectations that are not legally enforceable.

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2
Q

What are the differences between criminal law and civil law?

A
  1. Purpose
    Criminal law: aimed at trying to maintain law and order, to protect society. Civil law: upholds the rights of individuals.
  2. Person starting the case
    Criminal cases: usually the state through the Crown Prosecution Service. Civil cases: the individual or business which has suffered as a result of the breach of civil law.
  3. Legal name for that person
    Criminal = Prosecutor.
    Civil = Claimant.
  4. Courts hearing cases
    Criminal: tried in either the Magistrates’ Courts or the Crown Court.
    Civil: heard in the High Court and the County Court.
  5. Standard of proof
    Criminal = beyond reasonable doubt
    Civil = on the balance of probabilities
  6. Person making the decision
    Criminal = Magistrates in MC + a judge & jury in CC.
    Civil = Judge + very rarely a jury
  7. Decision
    Criminal = ‘guilty’ (convicted) or ‘not guilty (acquitted)
    Civil = ‘liable’ or ‘not liable’.
  8. Powers of the court
    Criminal = prison, community order, fine, driving ban
    Civil =an award of damages ( compensation) or injunction.
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3
Q

Source of law

A

Custom
Statute
Common

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4
Q

Custom law

A

A rule of behaviour which develops in a community without being deliberately invented historically.

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5
Q

Statute law

A

Law created by Parliament and creates major new law, can change or revoke any laws.

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6
Q

Common law

A

Unwritten law that developed from custom and the decisions of the judges.

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7
Q

What is the role of law plays in society?

A

-Law can be described as a mechanism of social control.
-Comprises rules for keeping order in all societies and to protect

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8
Q

What is the effect of law on enforceable rights?

A
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9
Q

What is the balance required between competing interests (e.g. public and private)?

A
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10
Q

What is the meaning and importance of fault in civil and/or criminal law?

A
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11
Q

What is the distinction between law and morality and the diversity of moral views in a pluralist society?

A
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12
Q

What is the relationship between law and morality and its importance?

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13
Q

What is the legal enforcement of moral values?

A
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14
Q

What is the meaning of justice?

A
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15
Q

What are the theories of justice?

A
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16
Q

Distributive justice

A

Concerned with the fair allocation of the benefits and responsibilities of life.

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17
Q

What is Aristotle concerned with distributive justice?

A
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18
Q

What is Thomas Aquinas concerned with distributive justice?

A
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19
Q

What is Karl Max concerned with distributive justice?

A
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20
Q

What is Claim Perelman concerned with distributive justice?

A
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21
Q

What is the extent to which the law (civil and/or criminal) achieves justice?

A
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22
Q

What is the rule of law

A
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23
Q

What are Dicey’s three rules?

A
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24
Q

The rule of law + law making

A
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25
Q

The rule of law + the legal system

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26
Q

The rule of law + substantive law

A
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27
Q

Green paper

A
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28
Q

White paper

A
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29
Q

Parliament

A
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30
Q

What is the role of HOC?

A
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31
Q

What is the role of HOL?

A
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32
Q

What is the formal legislative process in parliamentary law making?

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
  6. HOL
  7. Royal Assent
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33
Q

First reading

A
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34
Q

Second reading

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35
Q

Committee stage

A
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36
Q

Report stage

A
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37
Q

Third reading

A
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38
Q

HOL

A
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39
Q

Royal Assent

A
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40
Q

What is a bill?

A
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41
Q

Government bill

A
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42
Q

Public bill

A
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43
Q

Private bill

A
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44
Q

Private members’ bill

A
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45
Q

Hybrid bill

A
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46
Q

Advantages of law making in parliament

A
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47
Q

DIsadvantages of law making in parliament

A
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48
Q

What are the influences on parliamentary law making?

A
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49
Q

How the pressure groups influences on parliamentary law making?

A
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50
Q

Advantages of pressure groups

A
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51
Q

Disadvantages of pressure groups

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52
Q

How the political parties influences on parliamentary law making?

A
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53
Q

Advantages of political parties

A
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54
Q

Disadvantages of political parties

A
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55
Q

How public opinion influences on parliamentary law making?

A
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56
Q

Advantages of public opinion

A
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57
Q

Disadvantages of public opinion

A
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58
Q

How the media influences on parliamentary law making?

A
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59
Q

How the Law Commission influences on parliamentary law making?

A
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60
Q

Advantages of Law Commission

A
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61
Q

Disadvantages of Law Commission

A
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62
Q

What is the doctrine of parliamentary supremacy?

A
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63
Q

What are the limitations on parliamentary supremacy?

A
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64
Q

How the effect of the HRA 1998 limited on parliamentary supremacy?

A
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65
Q

How the devolution limited on parliamentary supremacy?

A
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66
Q

How the EU membership limited on parliamentary supremacy?

A
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67
Q

What is delegated legislation?

A
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68
Q

What are the types of delegated legislation?

A
  1. Orders in council
  2. Statutory instruments
  3. By-laws
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69
Q

Orders in council

A

Made by the Queen and Privy council, in time of emergency ( when Parliament is not sitting).

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70
Q

Examples of Orders in council

A

-Foot and mouth disease breakout in August - law must be passed to kill off diseased cows.
-The Misuse of Drugs Act 1971 (Amendment) Order 2008

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71
Q

Uses of Orders in council

A

-Transferring responsibility between gov departments.
-Bringing Acts or parts of Act of Parliament into force.
-As a member of the EU, giving legal effect to the European directives.

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72
Q

Statutory instruments

A

Created by gov ministers in their department; often called ‘regulation.’

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73
Q

Examples of Statutory instruments

A
  • An increase in the maximum penalty for speeding.
    -Give way to buses
    -Codes of Practice under PACE
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74
Q

Uses of Statutory instruments

A

-Deals with a different areas of policy
-Can make rules
-Regulations in respect of matters it deals with.
-Can be very short, covering one point such as making the annual change to the minimum wage.
-Can be very long + detailed regulations.

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75
Q

By-laws

A

Made by local authorities make laws for a local area, may also made by some public corporations.

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76
Q

Examples of by-laws

A

-TFL enable to pass the law for wearing masks in the transport.
-A law rerouting a public footpath

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77
Q

Uses of by-laws

A

-Many local by-laws will involve the traffic control, such as parking restrictions.
-Other by-law may be for such matters, e.g. banning drinking in public places.
-Can also made certain companies for matters within their jurisdiction which involves the public.

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78
Q

What are the parliamentary controls on delegated legislation?

A
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79
Q

What is affirmative resolutions procedure?

A
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80
Q

What is negative resolutions procedure?

A
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81
Q

What are the judicial controls on delegated legislation?

A
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82
Q

Ultra vires

A
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83
Q

Procedural ultra vires

A
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84
Q

Substantive ultra vires

A
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85
Q

Why is delegated legislation used?

A
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86
Q

Advantages of delegated legislation

A
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87
Q

Disadvantages of delegated legislation

A
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88
Q

Why do we need statutory interpretations?

A
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89
Q

What are the three rules of statutory interpretation?

A
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90
Q

What is the literal rule?

A
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91
Q

Advantages of literal rule

A
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92
Q

Disadvantages of literal rule

A
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93
Q

What is the golden rule?

A
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94
Q

Advantages of golden rule

A
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95
Q

Disadvantages of golden rule

A
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96
Q

What is the mischief rule?

A
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97
Q

Advantages of mischief rule

A
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98
Q

Disadvantages of mischief rule

A
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99
Q

What is the purposive approach?

A
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100
Q

Advantages of purposive approach

A
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101
Q

Disadvantages of purposive approach

A
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102
Q

What are the internal aids (intrinsic) ?

A
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103
Q

What are the external aids ( extrinsic) ?

A
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104
Q

How do the European Union law impact statutory interpretation?

A
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105
Q

How do the HRA 1998 impact statutory interpretation?

A
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106
Q

What is the doctrine of judicial precedent?

A
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107
Q

What is the original precedent?

A
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108
Q

What is the binding precedent?

A
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109
Q

What is persuasive precedent?

A
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110
Q

What is the hierarchy of the courts?

A
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111
Q

What is stare decisis?

A
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112
Q

What is ratio decidendi?

A
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113
Q

What is obiter dicta?

A
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114
Q

What is law reporting?

A
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115
Q

What are the reasons for law reporting?

A
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116
Q

What are the operations of precedent?

A
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117
Q

What is following?

A
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118
Q

What is overruling?

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119
Q

What is distinguishing?

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120
Q

Advantages of judicial precedent

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121
Q

Disadvantages of judicial precedent

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122
Q

What is the law commission?

A
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123
Q

What Act was set up by?

A
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124
Q

Reform

A
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125
Q

Codification

A
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126
Q

Repeal

A
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127
Q

What are the success rate ( implementation rate) ?

A
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128
Q

Examples of implementation reformed

A
129
Q

Advantages of reform through the law commission

A
130
Q

Disadvantages of reform through the law commission

A
131
Q

What are the institutions of the European Union?

A
132
Q

What are the functions of the Council?

A
133
Q

What are the functions of the Commission?

A
134
Q

What are the functions of the European Parliament?

A
135
Q

What are the functions of the Court of Justice of the European Union?

A
136
Q

What are the different sources of European Union law?

A
137
Q

Treaties

A
138
Q

Regulations

A
139
Q

Directives

A
140
Q

What is direct effect?

A
141
Q

What is horizontal direct effect?

A
142
Q

How does European Union law impact the law of England and Wales?

A
143
Q

What is civil claims?

A
144
Q

What are the civil courts (highest - lowest)?

A
145
Q

County Court

A
146
Q

High Court

A
147
Q

Queen’s Bench Division

A
148
Q

Chancery Division

A
149
Q

Family Division

A
150
Q

How to start a civil court case?

A
151
Q

What is the three track system in civil courts?

A
152
Q

Small claims track

A
153
Q

Fast track cases

A
154
Q

Multi track cases

A
155
Q

What are the reforms of the civil justice system?

A
156
Q

What is effect of the 1999 Lord Woolf’s reforms stated?

A
157
Q

What is effect of the Post - Woolf’s reforms ?

A
158
Q

What is effect of the Lords Briggs’ proposals for the future?

A
159
Q

What is effect of the 1999 Lord Woolf’s reforms stated?

A
160
Q

What is the appeal system in civil courts?

A
161
Q

What is the appeals from the County Court?

A
162
Q

What is the appeals from the High Court?

A
163
Q

Advantages of using the court

A
164
Q

Disadvantages of using the court

A
165
Q

What are the other forms of dispute resolution?

A
166
Q

What is the tribunal?

A
167
Q

What is the tribunal structure?

A
168
Q

What is the role of tribunals?

A
169
Q

Advantages of tribunals

A
170
Q

Disadvantages of tribunals

A
171
Q

What is ADR stands for?

A
172
Q

What are the roles of negotiation?

A
173
Q

What are the roles of mediation?

A
174
Q

Advantages of mediation

A
175
Q

Disadvantages of mediation

A
176
Q

Advantages of using ADR

A
177
Q

How are offences classified? (lowest - highest)

A
178
Q

Magistrates’ Courts

A
179
Q

What does the Magistrates’ Courts deal with?

A
180
Q

Crown Court

A
181
Q

What does the Crown Court deal with?

A
182
Q

What is the appeals from the Magistrates’ courts?

A
183
Q

What is the appeals from the Crown Court?

A
184
Q

What Act sets out the purpose of sentencing?

A
185
Q

What are the aims of sentencing?

A
186
Q

What is retribution / punishment?

A
187
Q

What is tariff sentences?

A
188
Q

What is deterrence?

A
189
Q

What is individual deterrence?

A
190
Q

What is general deterrence?

A
191
Q

What is rehabilitation？

A
192
Q

What is reform?

A
193
Q

What is protection of the public?

A
194
Q

What is reparation?

A
195
Q

What is denunciation?

A
196
Q

What are the criminal court powers?

A
197
Q

Custodial sentences

A
198
Q

Fines

A
199
Q

What are the other powers?

A
200
Q

What are the sentences available for adult?

A
201
Q

What is custodial sentences?

A
202
Q

What is mandatory life sentences?

A
203
Q

What is discretionary life sentences

A
204
Q

What is a fixed term sentences?

A
205
Q

What is suspended prison sentences?

A
206
Q

What is community orders?

A
207
Q

What requirements include in the community orders?

A
208
Q

Unpaid work requirement

A
209
Q

Prohibited activity requirement

A
210
Q

Curfew requirement

A
211
Q

Supervision requirement

A
212
Q

What are fines?

A
213
Q

What are the two discharges?

A
214
Q

What is a conditional discharge?

A
215
Q

What is an absolute discharge?

A
216
Q

What are other powers of the court?

A
  1. disqualifying D from driving for a certain length of time
217
Q

What are the factors in sentencing?

A
218
Q

What is aggravating mean?

A
219
Q

What is mitigating mean?

A
220
Q

What the matters that the court need to consider?

A
221
Q

What are the aggravating factors in sentencing?

A
222
Q

What are the mitigating factors in sentencing?

A
223
Q

What is a reduction in sentence for a guilty plea?

A
224
Q

What the courts look for the background of the offender?

A

Previous convinction

225
Q

Previous conviction

A
226
Q

Reports

A
227
Q

What is lay magistrates?

A
228
Q

What are the six key qualities to be a lay magistrate?

A
229
Q

How the appointment work?

A
230
Q

What is the training of lay magistrates?

A
231
Q

What is the composition of bench?

A
232
Q

What is the role and powers of magistrates?

A
233
Q

What is the magistrates’ clerk?

A
234
Q

What is the history of the jury system?

A
235
Q

What case established the independence of the jury?

A
236
Q

What Act set out the qualifications of jury?

A
237
Q

What are the qualifications to qualify a jury?

A
238
Q

What are the disqualifications permanently for a jury?

A
239
Q

What are the categories disqualified for 10 years?

A
240
Q

What Act defined a mentally disordered person?

A
241
Q

What is the definition of a mentally disordered person?

A
242
Q

Excusals

A
243
Q

What is discretionary excusal?

A
244
Q

Selection of the jury

A
245
Q

What is vetting?

A
246
Q

2 types of vetting

A
247
Q

Challenging

A
248
Q

What is challenge to the array mean?

A
249
Q

What is the role of jury?

A
250
Q

How the verdict works?

A
251
Q

Advantages of jury trial

A
252
Q

Disadvantages of jury trial

A
253
Q

What are the alternatives to jury trial?

A
254
Q

What are the types of legal personnel?

A
255
Q

What are the roles of barristers?

A
256
Q

How the barristers get trained?

A
257
Q

What is advocacy?

A
258
Q

What is rights of audience?

A
259
Q

What are the roles of solicitors?

A
260
Q

How to become a solicitor (training)?

A
261
Q

What is advocacy for solicitor?

A
262
Q

What is Queen’s Counsel?

A
263
Q

What are the legal executives?

A
264
Q

How to become a legal executive?

A
265
Q

What are the roles of legal executives?

A
266
Q

What is advocacy of legal executives?

A
267
Q

What is the representative body for barristers?

A

The General Council of the Bar

268
Q

What is the representative body for solicitors?

A

Law Society

269
Q

What is the representative body for legal executives?

A

CLIEx ( Chartered Institute of Legal Executives)

270
Q

What is the regulatory body for barristers?

A

Bar Standards Board

271
Q

What is the regulatory body for solicitors?

A

Solicitors Regulatory Authority

272
Q

What is the regulatory body for legal executives?

A

CLIEx Regulation Board

273
Q

What is the Legal Ombudsman?

A

deal with complaints against the legal profession.

274
Q

Who set up the Legal Ombudsman?

A

the Office for Legal Complaints

275
Q

What can the Legal Ombudsman order?

A

an apology to the client, putting things right, refund or reduce the legal fees / pay compensation of up to £30000

276
Q

What are the two types of judges?

A

-Superior judges
-Inferior judges

277
Q

What are the superior judges?

A

Those are in the High Court above.

278
Q

What are the inferior judges?

A

Judges who sits in Crown Court below.

279
Q

What type of judges sit in Supreme Court ?

A

-Justices of the Supreme Court
-Head of the Supreme Court: President of the Family Division

280
Q

What is their role in Supreme Court?

A

Hear appeals on points of law in both civil and criminal cases.

281
Q

What type of judges sit in COA?

A

-Lord Justice of Appeal
-Criminal Division Head: Lord Chief
-Civil Division: Master of the Rolls

282
Q

What is their role in COA?

A

-Hear appeals in criminal cases against conviction and / or sentence.
-Hear appeals in civil cases on finding of liability and/or amount awarded.

283
Q

What types of judges sit in the High court?

A

-High court judges (Puisne Judge)
-Head of Chancery division
-Head of Family division
-Head of Queen’s bench division

284
Q

What is their role in the High court?

A

-Judges sit in one of three high court divisions.
-Hear large value, first instance civil cases to decide liability and remedy.
-Hear appeals from lower courts in both civil + criminal cases.

285
Q

What type of judges sit in the Crown court?

A

-High court judges ( for serious case)
-Recorders (part time)
-Circuit judges

286
Q

What is their role in the Crown court?

A

-Hear complex and serious criminal cases
-Hear appeals from Magistrates’ Courts
-Try criminal cases with a jury
-Decide the law
-Assist the jury on points of law
-Sentencing

287
Q

What type of judge sit in the County Court?

A

-Circuit judges
-Recorders (part time)
-District judges (small claims court)

288
Q

What is their role in the County court?

A

-Hear civil cases
-Decide liability and remedies

289
Q

What type of judge sit in the Magistrates’ Court?

A

-District judges (Magistrates’ court)

290
Q

What is their role in Magistrates’ court?

A

-Hear summary or triable either way criminal cases
-Decide verdict
-Sentencing
-Hear civil cases = family work, licensing appeals.

291
Q

What type of judge sit in tribunal?

A

-Tribunal judges
-Head = Senior president of tribunals

292
Q

What is their role in the tribunals?

A

-Hear cases on specific civil issues, such as employment disputes.

293
Q

What is the independent judiciary?

A
294
Q

What are the reasons for judicial independence?

A
295
Q

Advantages for judicial independence

A
296
Q

What is access to justice mean?

A

Where a person cannot get the help he or she needs, they are being denied access to justice.

297
Q

What are the alternative sources of legal advice?

A

-Help lines
-Citizens Advice Bureaux
-Law centres
-Trade unions
-Schemes run by lawyers

298
Q

Help lines

A
299
Q

CABx

A
300
Q

Law centres

A
301
Q

Trade union

A
302
Q

Schemes run by lawyers

A
303
Q

Advice in criminal cases

A
304
Q

What are the private funding options for legal cases?

A
305
Q

Own resources

A
306
Q

Insurance

A
307
Q

Conditional fee agreement

A
308
Q

How conditional fees work?

A
309
Q

What is success fee?

A
310
Q

What is insurance premiums?

A
311
Q

What is public funding for civil cases?

A
312
Q

How does availability of legal aid work?

A
313
Q

How does means testing work?

A
314
Q

What is disposable income?

A
315
Q

What is disposable capital?

A
316
Q

What is public funding for criminal cases?

A
317
Q

How interests of justice work?

A
318
Q

How the Magistrates’ Court means testing work?

A
319
Q

How the Crown Court means testing work?

A

AQA A-level Law (4 decks)

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