1 English Legal System

Question 1

What is the definition of law?

Answer 1

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

Question 2

What are the several types of law?

Answer 2

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

Question 3

What has english law been described as?

Answer 3

Common law system

Question 4

What was common law developed from?

Answer 4

Local customs

Question 5

What did common law introduce?

Answer 5

A system of precedent

Question 6

What is remedy of common law?

Answer 6

Damages

Question 7

What is common laws characteristics?

Answer 7

Rigid and inflexible

Question 8

Why was equity developed?

Answer 8

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

Question 9

What is equity more than common law?

Answer 9

Flexible

Question 10

What did equity introduce?

Answer 10

New discretionary remedies ie injunctions and specific performance

Question 11

What is equity concerned with?

Answer 11

Fairness

Question 12

What do private and public law aim to do?

Answer 12

Create social order

Question 13

What categories are in public law?

Answer 13

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

Question 14

What categories are in private law?

Answer 14

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

Question 15

What does criminal law relate to?

Answer 15

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

Question 16

What is civil law?

Answer 16

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

Question 17

What in the purpose of criminal law?

Answer 17

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

Question 18

What is the purpose of civil law?

Answer 18

To settle disputes between individuals and to provide remedies

Question 19

Who is the case brought by in criminal law?

Answer 19

By the state in the name of the crown

Question 20

How are criminal cases reported?

Answer 20

As Regina v …. (Regina meaning queen)

Question 21

Who is the burden of proof in criminal law?

Answer 21

On the prosecution

Question 22

Who is the case bought by in civil law?

Answer 22

Claimant

Question 23

Who is the burden of proof with in civil law?

Answer 23

On the claimant

Question 24

What is the standard of proof in criminal law?

Answer 24

Guilt must be shown beyond reasonable doubt (high)

Question 25

What is the standard of proof in civil law?

Answer 25

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

Question 26

What is the object of criminal law?

Answer 26

To regulate society by the threat of punishment

Question 27

What is the object of civil law?

Answer 27

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

Question 28

What is a magistrates court?

Answer 28

Jurisdiction is mainly criminal but does have a civil jurisdiction

Question 29

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

Answer 29

Contact orders, adoptions and maintenance

Question 30

What is a county court?

Answer 30

First instance civil claims

Question 31

In the county court, who hears small claims?

Answer 31

One district judge

Question 32

What is the outcome of small claims in county court?

Answer 32

Informal and no costs are awarded

Question 33

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

Answer 33

One circuit judge

Question 34

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

Answer 34

One high court judge

Question 35

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

Answer 35

Queens bench division, chancery division, family division

Question 36

What does the queens bench division cover?

Answer 36

Hears first instance cases or contract and tort

Question 37

What does the chancery division deal with?

Answer 37

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

Question 38

What does the Chainey division hear appeals from?

Answer 38

County courts on probate and insolvency

Question 39

What does the family division deal with?

Answer 39

Matrimonial cases

Question 40

What forms the court of appeal?

Answer 40

Three lords justices of appeal

Question 41

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

Answer 41

High court and county courts

Question 42

What makes up the supreme courts?

Answer 42

Five justices of Supreme Court

Question 43

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

Answer 43

Court of appeal and exceptionally from the high court

Question 44

What is the small claims track?

Answer 44

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

Question 45

What is the fast track?

Answer 45

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

Question 46

What is the multitrack system?

Answer 46

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

Question 47

How is a crown court made up?

Answer 47

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

Question 48

How does the magistrates court deal with summary offences?

Answer 48

Decides whether guilty of the offence and imposes a penalty

Question 49

How does the magistrates court deal with indictable offences?

Answer 49

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

Question 50

What is the magistrates court presided over?

Answer 50

``` Lay magistrates (normally three) District judge sitting alone ```

Question 51

Where do appeals on question of facts go to?

Answer 51

Crown court

Question 52

What do appeals of questions of law go to?

Answer 52

High court

Question 53

Who can appeal questions of law?

Answer 53

Prosecution and the defence

Question 54

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

Answer 54

Deals with actions between EU institutions and the member state

Question 55

Who refers the court of justice of the European Union?

Answer 55

National courts

Question 56

What is the European court of human rights?

Answer 56

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

Question 57

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

Answer 57

Proceedings in the English courts must have been exhausted

Question 58

What is the judicial committee of the privy council?

Answer 58

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

Question 59

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

Answer 59

Both civil and criminal appeals

Question 60

How are employment tribunals established?

Answer 60

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

Question 61

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

Answer 61

A point of law

Question 62

What is the employment appeal tribunal made up of?

Answer 62

One high court judge, plus two or four expert layman

Question 63

Case law can be subdivided into what?

Answer 63

Common law and equity

Question 64

What is the doctrine of judicial precedent?

Answer 64

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