Flashcards in 1 English Legal System Deck (13):
What is the definition of 'ignorantia juris non excusat'? (2)
Latin for 'ignorance of the law, excuses not.'
Legal principle whereby someone who is not aware of a law maybe escape the consequences for violating that law purely because they did not know that it existed.
What are the 3 main degrees of law?
What are the 6 types of civil law?
1. Law of Contract
2. Law of Tort
3. Law relating to property
4. Law relating to persons
6. Health and Safety
What are the 3 types of criminal law?
1. Behaviour against / that breaks society rules
2. Health and Safety
3. Listed Buildings
What are the 3 points required when making laws?
1. Law made and approved by parliament - LEGISLATION
2. Binding decision by judges - COMMON LAW or JUDICIAL PRECEDENT
3. All must take account of European Law
What is a legislation? (4)
1. Act of Parliament (statute)
2. Introduced by government
3. Recommended by law commission
4. Recommended y Royal Commission
What is delegated legislation? (3)
1. An enabling act eg The Building Act 1984
2. Orders in council (emergency laws in time of war etc)
3. Bye-laws - rules set by local authorities
What is statutory interpretation? (3)
1. Written word is not exact form of communication
2. Judges determine the 'intention of parliament' If not defined
3. Judicial precedent may also apply
What is the history of English Law? (4)
1. First written laws - 1066 Norman Conquest
2. English and Welsh Law based on a new system
3. Scottish law based on Roman Law
4. Judges gathered information from population and established common law
What were historical 'writs'? (3)
1. Precedents from past legal issues
2. Basis from which decisions were made
3. Starting of Case Law
What was the resulting law that came from the writ system? (3)
1. Law of Equity
2. About conscience, emotion
3. About discretion
What did equity and case law evolve into? (3)
1. Equity and common law (current)
2. Common Law - certainty
3. Equity - discretionary