Week 1- Understanding Legal Rules Flashcards
What is the rule of law?
Rule of law means that no one is above the law
For the rule of law to be effective, there must be:
1- Equality under the law
2- Transparency of law
3- An independent judiciary
4- Access to a legal remedy
What are the many definitions of law?
1- A set of rules
2- Determine what you can/cannot do
3- Can be enforced by the state
4- Consistent and clear enforcement
What are the two ways of determining what makes a rule a law?
1- Process based - a rule is law if it is created in a certain way.
2- Substance based - A rule is law if it’s just and fair
Give some types of public law
1- Criminal law
2- Immigration
3- Judicial review
4- Care proceedings
What is the procedure in public law?
1- The state will argue its case via a barrister/solicitor
2- The other party is most often an individual, a refugee, parent, etc.
3- Legal aid is available which gives financial support. E.g, provides help with paying a lawyer to protect your human rights.
4- The judge will hear both sides and apply the law.
What is public law?
Public law involves the state in some way
What is private law?
Private law is a case between two or more private parties (people, companies)
What is the balance of probability?
When the court is satisfied an event occurred based on evidence that suggests the event is more likely to have happened than not
How is law made?
1- Through legislation
2- Case law
How is law made through legislation?
1- Made by elected MPs in the House of Commons.
2- It is debated in House of Lords
3- It then is approved by the Monarch
How is law made through case law?
This is when a law is made by judges deciding cases.
What can happen when judges apply a law/legislation?
Judges often interpret legislation and try to figure out what Parliament intended.
Sometimes they pick the interpretation they prefer but they have to apply that legislation and not change it.
What is parliamentary sovereignty?
This is a principle of the UK constitution which makes Parliament the supreme legal authority in the UK, which can create or end any law.
What are the steps that judges and lawyers will take when working through a case?
I - Identify the issue
P- Pick the right legal principle
A- Apply the general rule to your specific facts
C- Conclusion. If you’re a judge, reach a clear yes/no, If you’re a lawyer, recommend or predict what is likely.
