Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Method > Unit 1 - The English Legal System > Flashcards

Unit 1 - The English Legal System Flashcards

1
Q

Legal Duty vs Moral Duty

A

legal duty - carries with it sanctions enforceable by the state

moral duty - does not carry sanctions that are enforceable by the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the different types of law?

A
  • private
  • public
  • civil
  • criminal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

private law

A
  • private relationships between individuals (including companies)
  • enforced by individual taking action against another individual
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

public law

A
  • relationship between the state and individuals

- state enforces standards of behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

criminal law

A

relationship between an individual and the community as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

civil law

A

relationship between indiviudal and members of the community, NOT as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

differences between criminal and civil law:

  1. what is the case called?
  2. who starts the case?
  3. can victim stop prosectution?
  4. what is the objective?
  5. what is the standard of proof?
  6. what is usually the outcome?
A
  1. criminal - prosecution
    civil - action or claim
  2. criminal - police, then CPS
    civil - individual, the victim/claimant
  3. criminal - victim cannot stop, CPS can proceed even if victim doesn’t want it
    civil - claimant can stop the claim
  4. criminal - punish
    civil - compensate
  5. criminal - beyond all reasonable doubt
    civil - on a balance of probabilities
  6. criminal - fines/imprisonment
    civil - compensation, damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are some equitable remedies?

A
  • injunction

- decree of specific performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Injunction

A
  • order of court compelling someone to do something OR to refrain from doing something
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Decree of specific performance

A
  • order compelling someone to perform their obligations under a contract
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the sources of law in England and Wales?

A
  • common law
  • civil law
  • Equity
  • Legislation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is equity?

A
  • equity supplements the common law
  • can be invoked where the application of common law allows a person to act unconscionably
  • equity PREVAILS OVER common law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

unconscionability

A
  • decision made using the common law that offends a person sense of right or wrong
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Common law

A
  • AKA case law

- judge made law that has developed from cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Civil law

A
  • codified roman law derived legal systems
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Legislation

A
  • passed by parliament

- e.g. statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Doctrine of Paliamentary Supremecy

A
  • parliament is the supreme law making body in the country
  • statute can amend case law
  • case law cannot amend statute
  • parliament has freedom to make any laws
  • parliament cannot bind its successors
18
Q

Who makes law in England and Wales?

A
  • Parliament

- The Courts

19
Q

What does parliament consist of?

A
  • Queen
  • House of commons - democratically elected
  • House of Lords - not elected
20
Q

Where do statutes apply?

A

England, Wales, Scotland, NI

unless stated otherwise

21
Q

creation of acts of parliament

A
  • green paper - consultation on new law
  • white paper - firm proposal on new law
  • act begins its life as a bill
22
Q

stages of creation of acts of parliament

A
  1. House of commons - first reading
  2. second reading - main debate on bill
  3. committee stage - scutinises bill
  4. report stage - house votes on any amendments
  5. third reading - consider the bill with amendments
  6. proceedings in house of lords
  7. amendments by Lords - sent back to commons in any amendments made
  8. the royal ascent - monarch gives approval and bill becomes an act
23
Q

what are the different types of legislation?

A

primary and secondary

24
Q

primary legislation

A
  • the statute itself

- public bills and private bills

25
Q

secondary legislation

A
  • delegated legislation

- statutory instruments and bye-laws

26
Q

public bill

A

concern matters affecting the public as a whole e.g. stalking

27
Q

private bill

A

affect particular persons/areas in the community e.g. building a new railway

28
Q

bye-laws

A
  • made by local authorities to deal with issues in their own area
    e. g. coventry city council introducing bye-law to ban drinking alcohol on the street
29
Q

statutory instruments

A
  • delegated legislation made by government ministers
  • saves times
  • ministers make regulations for areas they are specifically responsible for
  • government can call on expertise
30
Q

what are the different types of public bills?

A

legislation which makes amends
consolidating legislation
codifying legislation

31
Q

consolidating legislation

A

‘tidy up the law’

- one statutue ‘re-enacts’ law which was previously contained in several different statutes

32
Q

codification

A
  • all the law on some topic is brought together in one new statute
33
Q

What are the different EU institutions?

A
  • The coucil
  • council of the European Union
  • European Parliament
  • European commission
  • Court of Justice of the European Union
34
Q

what are the types of EU legislation?

A
  • primary - treaties themselves

- secondary - regulations, directives, decisions

35
Q

Eu Primary Legislation - what are treaties?

A
  • TFEU divided into sections, called articles

- these articles are directly effective in member states

36
Q

EU secondary legislation - what are regulations?

A
  • once passed, they automatically become part of member states’ legal system
  • no need for further enactment by member state
37
Q

EU secondary legislation - what are directives?

A
  • binding as to the result that needs to be achieved by member state
  • it is up to member state how they implement, as long as they achieve the objective within the time limit
38
Q

EU secondary legislation - what are decisions?

A
  • binding in their entirety upon those to whom they are addressed
39
Q

Does the EU have supremecy over parliament?

A

YES

40
Q

What is European Convention of Human Rights

A
  • drafted by council of EU after WW2

- idea was that it would be a statement of western Europes principles - prevent large scale human rights violations

41
Q

What is the Human Rights Act 1998

A
  • statute which incorporates ECHR into UK law
  • gives judge the power to make a declaration of incompatibility if it is found that an act of parliament is at variance with the protection of one or more convention rights

Legal Method (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions