Week 1 - Source of law, etc Flashcards
Common law and Equity Civil and Criminal Law
Definition of law
- system of rules
- sets boundaries of acceptable behaviour + prescribes sanctions for breaches of those boundaries… making significant contribution to preserving public order.
Institutions of legal system
- Legislature (Parliament)
- Executive
- Judiciary
Where do law comes from?
- UK Parliament
- Courts
- EU
- European Convention on Human Rights
- Historical sources/writers
- Welsh Assembly
Who did Parliament take power from?
Monarch
Which is the elected chamber?
- House of Lords
- House of Commons
Who makes the laws?
Parliaments (House of Lords, House of Commons, Monarch)
What do the House of Lords do?
Make + pass laws
History of Parliament
- 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
What are the 2 key historical events that led to the foundation of today’s parliament?
- King John signed the Magna Carta in 1215
- Simon De Monford 1650
English civil War (1651)
English civil war replaces the king making Parliament powerful
Reason for English civil War
Disagreement’s about religion and discontent over king’s use of power and his economic polices.
Rise of Parliament
- (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
What is a legislation ?
- Law made by Parliament.
*Highest form of law w/in England + Wales
What is a bill?
Law passed by Parliament
What is a Statute (Act of Parliament)?
Bill being passed
What is case (common/judge) law?
‘body of law’ based on court decisions rather than codes.
what is equity ?
Fairness
Some equitable maxims:
- Equity follows the law
- Delay defeats equity. E.g. Leaf V International Galleries [1950]
Advantages of common law
- Certainty
- Detailed practical rules
- Flexibility
Disadvantage of common law:
- Rigid
- Unpredictable
- Complexity + Volume
What is the aim of Civil Courts?
Brought to uphold rights of individuals + provide redress
What are the different courts in Civil courts?
County courts + High courts
What are the cases in Civil Courts?
Brought by an individual or company. Used in contracts and negligence (breach of duty).
What is the burden of proof in Civil courts?
Proven on balance of probabilities
What is the terminology in Civil court?
Brought by a claimant. E.g., individual, company/ corporation. Liable or not liable
What is the outcome of civil courts?
Could be damages, or compensation.
What is the aim of Criminal Courts?
Bought to maintain law and order.
What are the different courts in Criminal courts?
Magistrates and Crown Court
What are the cases for Criminal Courts?
Brought by the Crown Prosecution Service (CPS) to protect society.
What is the burden of proof for Criminal Courts?
‘beyond reasonable doubt’.
What is the terminology for Criminal Courts?
Brought on behalf of the Crown
What is the outcome of Criminal Courts?
Fines, Jail, Conditional sentences
Civil Cases
- Claimant V Defendant
E.g., Bogle V Mcdonalds (2001), Bolton V Stone (1951)
Criminal Cases
- R V Chargot Ltd (2008)
- R V Wilson (1998)
*R – represents Monarch
Queen = Regina
King = Rex
