The Nature of Law in the UK Flashcards
What are the three legal jurisdictions in the UK?
England and Wales
Scotland
Northern Ireland
What was the primary source of English law until the 19th century?
Case law
What remedies does common law give in contrast to equity?
Automatic remedies
What is the general rule in a situation where the common law and equity conflict?
Equity shall prevail
What is public law made up of?
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
True or false, custom is a source of tax law?
False
True or false, HMRC publications are a source of tax law?
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
What are the remedies available under common law?
Damages
What are the remedies available under equity?
Injunction and specific performance
What was the means by which the King petitioned to establish the truth of the matter and then to impose a just solution?
Equity
True or false, equity offers automatic remedies?
False
True or false, when equity conflicts with common law, equity prevails?
True
In 1875, the jurisdictions of which law courts were transferred to the Supreme Court of Jurdicature?
The Common law courts and Court of Chancery
The Isle of Man and the Channel Islands what of the UK?
Crown Dependencies
What are the implications of the Isle of Man and Channel Islands as Crown Dependencies of the UK?
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.