The Nature of the English Legal System

Question 1

What is Law

Answer 1

Body of rules and regulations that govern the activities of persons, businesses within a country. (Enacted by competent authority for the common good).

Question 2

When was a uniform system of law created?

Answer 2

After 1066 by William the conqueror

Question 3

What is Doctrine of Precedent?

Answer 3

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.

Question 4

What is Private Law

Answer 4

Is concerned with the rights and duties of individuals towards each other

Question 5

Classification of Private Law

Answer 5

Civil Law
Contract Law
Law of Torts
Property Law

Question 6

What is Public Law

Answer 6

Concerned with the relationship between the state and its citizens

Question 7

Classification of Public Law

Answer 7

Criminal Law
Constitutional Law - Issues relating to British Constitution
Administrative Law - Civil Law issues between individual and state

Question 8

What are the two categories of Law

Answer 8

1. Common Law

2. Civil Law

Question 9

What is Common Law

Answer 9

Refers to all those Jurisdictions that have adopted the historic English legal system.

Question 10

Characteristics of Common Law

Answer 10

Tends to be case-centred
Judge-led
Permits scope for discretion, and hoc, pragmatic approach to probs

Question 11

Common Law and Equity

Answer 11

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).

Question 12

History of Common Law and Equity

Answer 12

Before 1873, two scours systems: 1. Common Law Courts & 2. Chancery Courts (equity principles used)

Today, one systems using both common law and equity

Question 13

What is Civil Law

Answer 13

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.

Question 14

Balance of Probabilities (Civil Law)

Answer 14

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.

Question 15

Criminal Law

Answer 15

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

Question 16

Statute Law

Answer 16

Law created by parliament (called legislation) originating from decisions made in other courts and countries written constitution
Highest type of law.

Question 17

What is standard of proof

Answer 17

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

Question 18

What is burden of proof

Answer 18

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.

Question 19

Four sources of English Law

Answer 19

Case Law
Legislation
European Union Law
European Convention on Human Right

Question 20

Primary Legislation

Answer 20

Are acts of Parliament also called statues

Made by by Parliament (House of commons/Lords)

Question 21

Delegated legislation

Answer 21

Made by bodies other than parliament

Power to do this is granted by parliament

Question 22

Parliament Law making process

Answer 22

1. A bill is introduced for First Reading
2. MPs are given time to prepare and discuss it
3. Second reading where principles are considered and examined
4. Third reading where bill is debated and voted upon (if gov has majority votes - sent to House of Lords)
5. If approved by House of Lords, is sent to queen for her approval
6. If Royal Assent is given it becomes act of parliament

Question 23

European Law’s 3 forms

Answer 23

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

Question 24

Key institutions of the EU

Answer 24

European council
Council of EU
European Parliament 
European Commission 
Court of Justice

Question 25

The year of their Human rights act

Answer 25

1998