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Flashcards in 1 English Legal System Deck (32)
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1
Q

What are the 3 types of law?

A
  • Common and equity law
  • Private and public law
  • Criminal and civil law
2
Q

What is common law based on?

A
  • Developed from local customs
  • Introduced the system of precedent
  • Only remedy is damages
  • Rigid and inflexible
3
Q

What is equity law based on?

A
  • Developed by party that felt common law had led to injustice
  • More flexible
  • Introduced new discretionary remedies e.g. Injunctions
  • It is based on fairness
4
Q

What is the purpose of civil law?

A

Settle disputes between individuals

5
Q

What is the purpose of criminal law?

A

Enforcement of particular behaviour which acts to ensure compliance.

6
Q

Who is criminal law brought by?

A

The name of the crown

7
Q

Who is civil law brought by?

A

The claimant

8
Q

What is the object of criminal law?

A

Regulate society by the threat of punishment

9
Q

What is the object of civil law?

A

Financial compensation

10
Q

What are the main civil courts?

A
  • Supreme Court
  • Court of appeal
  • High court of justice
  • Magistrates court
  • County court
11
Q

What tracks are in the three track system?

A
  • Small claims track
  • Fast track
  • Multitrack
12
Q

What is the small claims track?

A

Claims up to £10,000

13
Q

What is the fast track track?

A

Claims between £10,000 and £25,000 and no longer than a day

14
Q

What is the multitrack track?

A

Claims over £25,000

15
Q

What tracks does the county court deal with?

A
  • All small claims
  • Most of fast track
  • Some of the multitrack
16
Q

What are the Criminal Courts order?

A

(Bottom to top)

  • Magistrates
  • Crown court
  • Court of appeal
  • Supreme Court
17
Q

What is the CJEU court?

A
  • Deals with actions between EU and member states
  • Ultimate authority of European law
  • Superior to Supreme Court
  • No appeal
18
Q

What is the ECtHR court?

A
  • Final court relating to the HRA 1998
  • Proceedings must have been exhausted in English courts
  • No appeal
19
Q

What is the JPC court?

A
  • Highest court of appeal
  • Civil and Criminal cases
  • Takes place at the Supreme Court in the U.K.
  • No appeal
20
Q

What are the differences between court or tribunals?

A

Tribunal:

  • Case is heard quicker
  • Quicker process
  • Legal aid is not available
  • Less formal
  • Case heard by someone with expertise in that area
21
Q

Order of Laws?

A

(Bottom to top)

  • Common law
  • Equity law
  • Legislation
  • European law
22
Q

What is a tribunal?

A

Are an alternative to using the court system to settle a dispute

23
Q

What can a precedent be?

A

Binding or non binding

24
Q

How do you decide if a precedent is binding or non binding?

A
  • Hierarchy of the courts
  • Ratio decidendi and orbiter dicta
  • Material facts of the case
25
Q

What order do courts bind themselves?

A

Higher courts bind lower courts

26
Q

What is ratio decidendi?

A

The legal reason for the decision

27
Q

What is obliterated dicta?

A

Other statements made by judges that are persuasive not binding

28
Q

What must happen for facts of a case to make a precedent binding?

A

The material facts of both cases must be the same

29
Q

The decision of magistrates courts in criminal cases can be appealed by who?

A

The crown court and high court

30
Q

What type is criminal law?

A

Public law

31
Q

What is the literal rule?

A

Words must be given their ordinary dictionary meaning.

32
Q

What is the golden rule?

A

When literal rule gives more than one meeting, the golden rule is used to ensure that preference is given to the meaning that does not result in the provision being an absurdity.