Week 1 - Source of law, etc Flashcards

Common law and Equity Civil and Criminal Law

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1
Q

Definition of law

A
  • system of rules
  • sets boundaries of acceptable behaviour + prescribes sanctions for breaches of those boundaries… making significant contribution to preserving public order.
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2
Q

Institutions of legal system

A
  1. Legislature (Parliament)
  2. Executive
  3. Judiciary
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3
Q

Where do law comes from?

A
  • UK Parliament
  • Courts
  • EU
  • European Convention on Human Rights
  • Historical sources/writers
  • Welsh Assembly
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4
Q

Who did Parliament take power from?

A

Monarch

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5
Q

Which is the elected chamber?

A
  • House of Lords
  • House of Commons
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6
Q

Who makes the laws?

A

Parliaments (House of Lords, House of Commons, Monarch)

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7
Q

What do the House of Lords do?

A

Make + pass laws

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8
Q

History of Parliament

A
  • Ruled by king/queen = had power
  • No democracy, voting + parliament
  • Monarch rule based on fear + execution
  • Monarchs believed they had God given right to rule
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9
Q

What are the 2 key historical events that led to the foundation of today’s parliament?

A
  • King John signed the Magna Carta in 1215
  • Simon De Monford 1650
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10
Q

English civil War (1651)

A

English civil war replaces the king making Parliament powerful

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11
Q

Reason for English civil War

A

Disagreement’s about religion and discontent over king’s use of power and his economic polices.

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12
Q

Rise of Parliament

A
  • (1689) Bill of rights passed
  • Rights of monarch = curtailed
  • P = supreme power, recognised in law
  • P gained power, were exercised by monarch. E.g. war, raising taxes, making law
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13
Q

What is a legislation ?

A
  • Law made by Parliament.
    *Highest form of law w/in England + Wales
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14
Q

What is a bill?

A

Law passed by Parliament

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15
Q

What is a Statute (Act of Parliament)?

A

Bill being passed

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16
Q

What is case (common/judge) law?

A

‘body of law’ based on court decisions rather than codes.

17
Q

what is equity ?

A

Fairness

18
Q

Some equitable maxims:

A
  • Equity follows the law
  • Delay defeats equity. E.g. Leaf V International Galleries [1950]
19
Q

Advantages of common law

A
  • Certainty
  • Detailed practical rules
  • Flexibility
20
Q

Disadvantage of common law:

A
  • Rigid
  • Unpredictable
  • Complexity + Volume
21
Q

What is the aim of Civil Courts?

A

Brought to uphold rights of individuals + provide redress

22
Q

What are the different courts in Civil courts?

A

County courts + High courts

23
Q

What are the cases in Civil Courts?

A

Brought by an individual or company. Used in contracts and negligence (breach of duty).

24
Q

What is the burden of proof in Civil courts?

A

Proven on balance of probabilities

25
Q

What is the terminology in Civil court?

A

Brought by a claimant. E.g., individual, company/ corporation. Liable or not liable

26
Q

What is the outcome of civil courts?

A

Could be damages, or compensation.

27
Q

What is the aim of Criminal Courts?

A

Bought to maintain law and order.

28
Q

What are the different courts in Criminal courts?

A

Magistrates and Crown Court

29
Q

What are the cases for Criminal Courts?

A

Brought by the Crown Prosecution Service (CPS) to protect society.

30
Q

What is the burden of proof for Criminal Courts?

A

‘beyond reasonable doubt’.

31
Q

What is the terminology for Criminal Courts?

A

Brought on behalf of the Crown

32
Q

What is the outcome of Criminal Courts?

A

Fines, Jail, Conditional sentences

33
Q

Civil Cases

A
  • Claimant V Defendant
    E.g., Bogle V Mcdonalds (2001), Bolton V Stone (1951)
34
Q

Criminal Cases

A
  • R V Chargot Ltd (2008)
  • R V Wilson (1998)
    *R – represents Monarch
    Queen = Regina
    King = Rex