The Nature of the English Legal System Flashcards
What is Law
Body of rules and regulations that govern the activities of persons, businesses within a country. (Enacted by competent authority for the common good).
When was a uniform system of law created?
After 1066 by William the conqueror
What is Doctrine of Precedent?
Judges of lower courts must apply the legal rules set down by higher courts, or courts of the same status in cases where the facts are similar.
What is Private Law
Is concerned with the rights and duties of individuals towards each other
Classification of Private Law
Civil Law
Contract Law
Law of Torts
Property Law
What is Public Law
Concerned with the relationship between the state and its citizens
Classification of Public Law
Criminal Law
Constitutional Law - Issues relating to British Constitution
Administrative Law - Civil Law issues between individual and state
What are the two categories of Law
- Common Law
2. Civil Law
What is Common Law
Refers to all those Jurisdictions that have adopted the historic English legal system.
Characteristics of Common Law
Tends to be case-centred
Judge-led
Permits scope for discretion, and hoc, pragmatic approach to probs
Common Law and Equity
Both are judge made law (law that is found in cases coming before the courts
Judges use both principles of common law and equity
In case of conflict, equity is to prevail (Judicature Act 1973).
History of Common Law and Equity
Before 1873, two scours systems: 1. Common Law Courts & 2. Chancery Courts (equity principles used)
Today, one systems using both common law and equity
What is Civil Law
Civil Law - A form of private law involving relationships between individuals citizens
Purpose: Settle disputes and provide remedies
Refers to jurisdictions that have adopted the European continental system of law (from ancient Roman legal).
This is based of the codification of the legal principles.
Balance of Probabilities (Civil Law)
Where a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not.
Claimant must prove this.
Criminal Law
Deals with conducts which the state disapproves of and which seeks to control or eradicate through enforcement and compliance
Is an aspect of public law
(Eg. Regina v X)
Proof is required that defendant is guilty beyond reasonable doubt
Statute Law
Law created by parliament (called legislation) originating from decisions made in other courts and countries written constitution
Highest type of law.
What is standard of proof
An allegation made by a person, in the prosecution of a criminal case or a claimant in civil case to prove facts of a case
What is burden of proof
May be legal or evidential which in practice indicates the degree of evidence they have to prove in order to meet the burden they are under.
Four sources of English Law
Case Law
Legislation
European Union Law
European Convention on Human Right
Primary Legislation
Are acts of Parliament also called statues
Made by by Parliament (House of commons/Lords)
Delegated legislation
Made by bodies other than parliament
Power to do this is granted by parliament
Parliament Law making process
- A bill is introduced for First Reading
- MPs are given time to prepare and discuss it
- Second reading where principles are considered and examined
- Third reading where bill is debated and voted upon (if gov has majority votes - sent to House of Lords)
- If approved by House of Lords, is sent to queen for her approval
- If Royal Assent is given it becomes act of parliament
European Law’s 3 forms
Regulations: have direct force in member sates
Directives: seek to harmonise the law in member states
Decisions: addressed to a particular member state and binding on that state
Key institutions of the EU
European council Council of EU European Parliament European Commission Court of Justice
The year of their Human rights act
1998
