Week 1 - Introduction to Law and Sources of Law Flashcards
What do we mean by the English Legal System?
4 Nations: England, Wales, Northern Ireland and Scotland
The Human Rights Act apply to the whole UK
Northern Ireland and Scotland have their own legal system, courts, and case law
When talking about the English legal system we are talking about England and Wales, since Wales does not have their own legal system
What does devolution mean?
Moving or devolving of powers from Westminister to legislatures in Scotland, Wales and Northern Ireland
It creates a
- National parliment in Scotland
- National assembly in Wales which is now called the Wesh parliemnt
- National assemby in northern ireland
What kind of system is the English Legal System?
The English Legal System is a common law system
What does a Common Law System mean?
It is case law or judge-made law
The law has been made by judges as opposed to parliament
Distinguishes between common law and equity
The common law system based on the doctrine of precedent can be found throughout the world and reflects prior colonization by the British
What is Stare Decisis
Stare Decisis means ‘Let the decision stand’ - to adhere to the decision
Once a principle of law is decided in a superior court - it must be followed in future (similar) cases in a court of equal or lower status
What is the Civil Law System?
These are codified rules/written constitution
Countries following a civil law system typically including much of Central and South America
What is the Law of Equity?
The function of equity is to modify the rigour of the common law
Helpful to look at its historical development
Common law was seen as being too harsh and people wanted a different approach
Were there conflicts between the two systems? (Common law and equity system)
They were unified
The court is now able to recognize common. law and equitable rights at the same time and equity should take priority
For example, in a family dispute over who owns the property, equity would realize the other person may have some of that as opposed to just one individual
What is the difference between an Adversarial and an Inquisitorial system
An Adversarial system is one where the court case and the two sides fight it out to convince the judge who should win. The judge is not trying to see the truth instead picks a side from what they have been told
An Inquisitorial system is where they call witnesses, and judges can interfere
Is The English legal system an adversarial or inquisitorial system?
The English Legal System is an Adversarial system
What is the difference between Private Law and Public Law
Private law is law that governs the legal relations between individuals for example one individual suing another individual
Public Law is the law governing the relationship between individuals and the state
What is the difference between Substantive law and procedural Law
Substantive law is a set up of rules that must be followed for example the law you cannot murder. If the rule is broken then procedural law comes in
Procedural law provides a framework on how it can be investigated for example what process should be taken to see if the law is broken
What is the difference between Criminal law and Civil Law
Criminal law related to crime, things we can’t do and if you do them you will be sanctioned
Civil law is everything else that is not criminal law
Criminal law:
The Crown v defendant
Outcome - punishment - imprisonment - fine. - community service
Standard of proof - Beyond a reasonable doubt
The burden of proof - Typically on the prosecution/the state but it can shift to the defendant if a special defence is raised
Civil law:
Claimant v Defendant
Mary Browne v John Smith
Remedies - Damages/compensation
Standard of proof - On the balance of probabilities (more likely than not that someone breached a contract)
The burden of proof - On the claimant, the person who brings the claim
What are the Sources of Law
Domestic
- Legislation
- Case Law
European/ International
- EU Law
- European Convention on Human Rights
The ELS comes from domestic law and law outside of ELS is European/international law
EU Law
The UK is no longer a member of the EU
It is used to unite countries for trade
Prevent war and promote peace
