Tutorial 2 Flashcards
how are judges obliged to make decisions in common law systems?
in alignment with similar previous cases
what does common law base its decision making on?
judicial precedent
what is an advantage of judicial precedent?
provides certainty in the law
parties can predict a case’s outcome based on previous cases
decisions are consistent, ensuring fairness
is common law flexible?
yes, because it is left to case law, opposed to a rigid legislature which may not be prepared for certain situations
criminal court hierarchy?
magistrates court
crown court
high court
court of appeal
house of lords
civil court hierarchy?
the tribunals service
country courts
high court
court of appeal
house of lords
why is there a difference in the standard of proof in civil and criminal cases?
because the burden of prosecution is more severe in criminal cases
onus = ?
burden of proof
how can one win a civil case?
it’s a tradeoff between who has the best argument
what is the supreme legal authority in the UK?
the westminster parliament
it can create or end any law
ratio decidendi?
the reason for a court’s decision
forms part of the judgement delivered at the end of a case
obiter dicta?
incidental remarks/expressions of opinion that are said ‘by the way’
rest of judgements besides ratio decidendi
bill?
a proposed law which is introduced into parliament
who must approve a bill for it to become law?
each house of parliament
(house of commons, house of lords)
must also receive royal assent
royal assent = ?
the final stage required for a parliamentary bill to become law
once a bill is approved by each house of parliament and receives royal assent, what happens?
it becomes law and is known as an act (statute or legislation)
who can introduce a bill?
any member of parliament
what stages must bills go through?
first reading
second reading
committee stage
report stage
third reading
first reading & second reading for a bill?
first - purely formal stage, no debate
second - debate on the main principles of the bill
committee stage & report stage for a bill?
committee - line-by-line consideration of the details of the bill
report - amendments to the bill are discussed
third reading of a bill?
bill becomes law once received royal assent
then becomes an act
the sovereign?
the one who exercises power without limitation
sovereignty?
the power to make laws
parliamentary sovereignty?
aka parliamentary supremacy
because the powers of the westminster parliament are unlimited, they can make laws on any topic/object/being
