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Flashcards in 1 English Legal System Deck (64):
1

What is the definition of law?

The principles and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognised and enforced by judicial decision

2

What are the several types of law?

Common law and equity
Private law and public law
Criminal law and civil law

3

What has english law been described as?

Common law system

4

What was common law developed from?

Local customs

5

What did common law introduce?

A system of precedent

6

What is remedy of common law?

Damages

7

What is common laws characteristics?

Rigid and inflexible

8

Why was equity developed?

As a petition by a party who felt the common law had led to injustice

9

What is equity more than common law?

Flexible

10

What did equity introduce?

New discretionary remedies ie injunctions and specific performance

11

What is equity concerned with?

Fairness

12

What do private and public law aim to do?

Create social order

13

What categories are in public law?

Criminal law, constitutional law, administrative law, social welfare law and deal with matters relating to the whole country

14

What categories are in private law?

Contract law, family law and other areas which deal with intellectual property rights, land law, probate and company law

15

What does criminal law relate to?

The conduct of which the state disapproves and which is seeks to control

16

What is civil law?

A form of private law and involves the relationships between individual citizens

17

What in the purpose of criminal law?

The enforcement of particular forms of behaviour by the state which acts to ensure compliance

18

What is the purpose of civil law?

To settle disputes between individuals and to provide remedies

19

Who is the case brought by in criminal law?

By the state in the name of the crown

20

How are criminal cases reported?

As Regina v .... (Regina meaning queen)

21

Who is the burden of proof in criminal law?

On the prosecution

22

Who is the case bought by in civil law?

Claimant

23

Who is the burden of proof with in civil law?

On the claimant

24

What is the standard of proof in criminal law?

Guilt must be shown beyond reasonable doubt (high)

25

What is the standard of proof in civil law?

Liability must be shown on the balance of probabilities (low)

26

What is the object of criminal law?

To regulate society by the threat of punishment

27

What is the object of civil law?

Usually financial compensation to put the claimant in the position if the wrong doing had not occurred

28

What is a magistrates court?

Jurisdiction is mainly criminal but does have a civil jurisdiction

29

In a magistrates court, what is covered in the civil jurisdiction?

Contact orders, adoptions and maintenance

30

What is a county court?

First instance civil claims

31

In the county court, who hears small claims?

One district judge

32

What is the outcome of small claims in county court?

Informal and no costs are awarded

33

In the county court, who hears fast track and some multitrack cases?

One circuit judge

34

In the high court, what type of judge is it in the first instant?

One high court judge

35

What are the three divisions in the high court of justice?

Queens bench division, chancery division, family division

36

What does the queens bench division cover?

Hears first instance cases or contract and tort

37

What does the chancery division deal with?

Land law, trusts, company law, partnership law, insolvency etc

38

What does the Chainey division hear appeals from?

County courts on probate and insolvency

39

What does the family division deal with?

Matrimonial cases

40

What forms the court of appeal?

Three lords justices of appeal

41

What type of appeals does the court of appeal deal with?

High court and county courts

42

What makes up the supreme courts?

Five justices of Supreme Court

43

What type of appeals does the Supreme Court hear appeals from?

Court of appeal and exceptionally from the high court

44

What is the small claims track?

Deals with simple claims valued at no more than £10,000 an informal court

45

What is the fast track?

Deals with moderately valued claims of between £10,000 and £25,000 expected to last no more than one day

46

What is the multitrack system?

Deals with claims over £25,000 and/or complex claims

47

How is a crown court made up?

Presided over a judge, and case will be shared before a jury

48

How does the magistrates court deal with summary offences?

Decides whether guilty of the offence and imposes a penalty

49

How does the magistrates court deal with indictable offences?

Trial by jury, magistrates will conduct committal proceedings to make sure the defendant has a case to answer

50

What is the magistrates court presided over?

Lay magistrates (normally three)
District judge sitting alone

51

Where do appeals on question of facts go to?

Crown court

52

What do appeals of questions of law go to?

High court

53

Who can appeal questions of law?

Prosecution and the defence

54

What does the court of justice of the European Union deal with?

Deals with actions between EU institutions and the member state

55

Who refers the court of justice of the European Union?

National courts

56

What is the European court of human rights?

The final court of appeal in relation to matters involving HRA 1998

57

When will proceedings be heard in the European court of human rights?

Proceedings in the English courts must have been exhausted

58

What is the judicial committee of the privy council?

The highest court of appeal for a number of the commonwealth countries, crown dependencies and UK overseas territories

59

What cases does the judicial committee of the privy council hear?

Both civil and criminal appeals

60

How are employment tribunals established?

One employment judge pus two expert laymen who are drawn from panels representing both sides of the industry

61

Appeals to the employment tribunal can only be made on what?

A point of law

62

What is the employment appeal tribunal made up of?

One high court judge, plus two or four expert layman

63

Case law can be subdivided into what?

Common law and equity

64

What is the doctrine of judicial precedent?

The system, adopted by the judges of following the decisions in premises cases