The Nature of Law & The English Legal System (L1 & L2) Flashcards
What is Law defined as?
A body of rules created by the state binding within its jurisdiction enforced primarily by the courts.
What are the 3 distinct legal systems and sets of laws in the UK?
- England and Wales
- Scotland
- Northern Ireland
Characteristics of English Law:
- Long piecemeal development
- Absence of codification in many areas
- Judges create, as well as interpret the law
- Adversarial system of trial
- Role of** laypeople**
How is Law classified?
Public Law vs Private Law
Common Law vs Statutorily law
Civil Law vs Criminal Law
Common Law vs Equity
Common Law System vs Civil Law System
What is a Devolved matter?
Areas of public policy where the UK parliament has developed its legislative power to the national legislatures of Scotland, Wales and Northern Ireland.
What is codification?
The action or process of arranging laws or rules according to a system or plan.
What is the UK Constitution (constitutional law)?
The principles, rules and laws that establish and underpin a political system. it creates the institutions of the state, regulate the relationships between those institutions, and regulate the relationship between the state and the individual. This is NOT CODIFIED.
What is Private Law?
A branch of the law that deals with the relations between individuals or institutions, rather than relations between these and the state.
Examples of Private Law:
- Family Law (marriage, inheritance)
- Contract Law (general, specific)
- Property Law (transfer of ownership)
What is Public Law?
Governs the relationship between individuals and the government, not private companies.
What is Common Law?
Judge-made law, as distinguished from legislation passed by parliament.
What is Statutory Law?
A written law produced by Parliament which originates from decisions made in other courts and the country’s written constitution.
