The Nature of Law in the UK Flashcards

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1
Q

What are the three legal jurisdictions in the UK?

A

England and Wales
Scotland
Northern Ireland

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2
Q

What was the primary source of English law until the 19th century?

A

Case law

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3
Q

What remedies does common law give in contrast to equity?

A

Automatic remedies

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4
Q

What is the general rule in a situation where the common law and equity conflict?

A

Equity shall prevail

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5
Q

What is public law made up of?

A

those areas of law that define the constitution and functions of the Crown, Parliament and Judiciary, and govern the legal relationship between the Crown and the subject

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6
Q

True or false, custom is a source of tax law?

A

False

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7
Q

True or false, HMRC publications are a source of tax law?

A

False - they are merely statements of HMRC’s view of tax law and may be taken into account by tax practitioner when forming their own interpretation and understanding of the law

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8
Q

What are the remedies available under common law?

A

Damages

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9
Q

What are the remedies available under equity?

A

Injunction and specific performance

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10
Q

What was the means by which the King petitioned to establish the truth of the matter and then to impose a just solution?

A

Equity

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11
Q

True or false, equity offers automatic remedies?

A

False

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12
Q

True or false, when equity conflicts with common law, equity prevails?

A

True

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13
Q

In 1875, the jurisdictions of which law courts were transferred to the Supreme Court of Jurdicature?

A

The Common law courts and Court of Chancery

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14
Q

The Isle of Man and the Channel Islands what of the UK?

A

Crown Dependencies

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15
Q

What are the implications of the Isle of Man and Channel Islands as Crown Dependencies of the UK?

A

They have their own legal systems and can determine their own fiscal and legal policies.

They are not free to determine their own foreign policies or defence.

They share a common nationality law with the UK.

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16
Q

What are the types of classifications of law in the UK?

A

Private law, public law, substantive law and adjective law

17
Q

What was the result of the transfer of the common law courts and the Court of Chancery to one court in 1875 (renamed Supreme Court of England and Wales in 1981)?

A

It became possible to bring action and seek remedies at common law and equity at the same time and in the same court

18
Q

When citizens were unable to obtain a resolution of their grievances in the King’s common law courts, they petitioned to the King for direct relief by royal intervention. What was the King concerned with when dealing with each petition?

A

Establishing the truth of the matter and then to impose a just solution