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F4 Corporate and Business Law > 1 English Legal System > Flashcards

1 English Legal System Flashcards

1
Q

What is the definition of law?

A

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

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2
Q

What are the several types of law?

A

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

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3
Q

What has english law been described as?

A

Common law system

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4
Q

What was common law developed from?

A

Local customs

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5
Q

What did common law introduce?

A

A system of precedent

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6
Q

What is remedy of common law?

A

Damages

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7
Q

What is common laws characteristics?

A

Rigid and inflexible

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8
Q

Why was equity developed?

A

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

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9
Q

What is equity more than common law?

A

Flexible

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10
Q

What did equity introduce?

A

New discretionary remedies ie injunctions and specific performance

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11
Q

What is equity concerned with?

A

Fairness

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12
Q

What do private and public law aim to do?

A

Create social order

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13
Q

What categories are in public law?

A

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

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14
Q

What categories are in private law?

A

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

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15
Q

What does criminal law relate to?

A

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

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16
Q

What is civil law?

A

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

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17
Q

What in the purpose of criminal law?

A

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

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18
Q

What is the purpose of civil law?

A

To settle disputes between individuals and to provide remedies

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19
Q

Who is the case brought by in criminal law?

A

By the state in the name of the crown

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20
Q

How are criminal cases reported?

A

As Regina v …. (Regina meaning queen)

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21
Q

Who is the burden of proof in criminal law?

A

On the prosecution

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22
Q

Who is the case bought by in civil law?

A

Claimant

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23
Q

Who is the burden of proof with in civil law?

A

On the claimant

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24
Q

What is the standard of proof in criminal law?

A

Guilt must be shown beyond reasonable doubt (high)

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25
Q

What is the standard of proof in civil law?

A

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

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26
Q

What is the object of criminal law?

A

To regulate society by the threat of punishment

27
Q

What is the object of civil law?

A

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

28
Q

What is a magistrates court?

A

Jurisdiction is mainly criminal but does have a civil jurisdiction

29
Q

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

A

Contact orders, adoptions and maintenance

30
Q

What is a county court?

A

First instance civil claims

31
Q

In the county court, who hears small claims?

A

One district judge

32
Q

What is the outcome of small claims in county court?

A

Informal and no costs are awarded

33
Q

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

A

One circuit judge

34
Q

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

A

One high court judge

35
Q

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

A

Queens bench division, chancery division, family division

36
Q

What does the queens bench division cover?

A

Hears first instance cases or contract and tort

37
Q

What does the chancery division deal with?

A

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

38
Q

What does the Chainey division hear appeals from?

A

County courts on probate and insolvency

39
Q

What does the family division deal with?

A

Matrimonial cases

40
Q

What forms the court of appeal?

A

Three lords justices of appeal

41
Q

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

A

High court and county courts

42
Q

What makes up the supreme courts?

A

Five justices of Supreme Court

43
Q

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

A

Court of appeal and exceptionally from the high court

44
Q

What is the small claims track?

A

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

45
Q

What is the fast track?

A

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

46
Q

What is the multitrack system?

A

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

47
Q

How is a crown court made up?

A

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

48
Q

How does the magistrates court deal with summary offences?

A

Decides whether guilty of the offence and imposes a penalty

49
Q

How does the magistrates court deal with indictable offences?

A

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

50
Q

What is the magistrates court presided over?

A 
Lay magistrates (normally three)
District judge sitting alone
51
Q

Where do appeals on question of facts go to?

A

Crown court

52
Q

What do appeals of questions of law go to?

A

High court

53
Q

Who can appeal questions of law?

A

Prosecution and the defence

54
Q

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

A

Deals with actions between EU institutions and the member state

55
Q

Who refers the court of justice of the European Union?

A

National courts

56
Q

What is the European court of human rights?

A

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

57
Q

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

A

Proceedings in the English courts must have been exhausted

58
Q

What is the judicial committee of the privy council?

A

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

59
Q

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

A

Both civil and criminal appeals

60
Q

How are employment tribunals established?

A

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

61
Q

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

A

A point of law

62
Q

What is the employment appeal tribunal made up of?

A

One high court judge, plus two or four expert layman

63
Q

Case law can be subdivided into what?

A

Common law and equity

64
Q

What is the doctrine of judicial precedent?

A

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

F4 Corporate and Business Law (12 decks)

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