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Wrapped: Legal Systems > LS1: Introduction to Law > Flashcards

LS1: Introduction to Law Flashcards

1
Q

What are the UK’s 3 jurisdictions?

A

England and Wales
Scotland
Northern Ireland

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2
Q

Which court do all 3 UK legals systems share?

A

The Supreme Court of the United Kingdom

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3
Q

What are the 2 types of legislation in the UK?

A
  1. Primary legislation (Acts of Parliament or statutes)
  2. Secondary legislation (delegated/subordinate legislation)
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4
Q

Who creates secondary legislation?

A

Secondary legislation is made by government ministers or other bodies (e.g. TfL), not by Parliament.

Parliament does scrutinise secondary legislation.

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5
Q

What is the doctrine of direct effect?

A

When UK citizens could seek remedies in UK courts on the basis that EU legal obligations had been breached (no longer applies after Brexit)

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6
Q

What are the two types of law in England and Wales?

A

Statute (legislation) and case law (common law)

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7
Q

What does stare decisis mean?

(Sta-ray day-see-sis)

A

To stand by decided matters/must follow precedent i.e. judgments of higher courts will bind lower courts in subsequent cases.

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8
Q

Which relationships does international law govern?

A

Between states
Between states and individuals
Between international organisations

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9
Q

What is the difference between a monist and a dualist state? Give examples.

A

A monist state automatically incorporates any international treaty they’ve signed into domestic law. E.g. France and Germany

When a dualist state signs an international treaty, it doesn’t create obligations which are enforceable in their courts. They are not binding in domestic law, only international law. E.g. the UK.

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10
Q

What is the ECHR?

A

The ECHR (the European Convention on Human Rights) is an international treaty that protects human rights.

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11
Q

What is the ECtHR?

A

The ECtHR (European Court of Human Rights) is the court that rules on the ECHR international treaty.

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12
Q

How was the ECHR incorporated into UK law?

A

Through the Human Rights Act (HRA 1998).

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13
Q

When was the UK part of the EU?

A

From 1973 to end of 2019.

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14
Q

What’s the difference between public and private law?

A

Public law: between state and its individuals, e.g. human rights

Private law: between private persons, individuals, e.g. contract law

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15
Q

What is the difference between criminal and civil law?

A

Criminal law: state deters and punishes crime

Civil law: deals with the rights and duties owed by individuals and organisations to each other

Separate courts and follow different procedures.

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16
Q

Who prosecutes criminal law?

A

The Crown Prosecution Service (CPS)

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17
Q

With whom does the burden of proof lie in a criminal case?

A

The prosecution (the state).

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18
Q

With whom does the burden of proof lie in a civil case?

A

The claimant.

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19
Q

What is the standard of proof in a criminal trial?

A

Beyond reasonable doubt.

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20
Q

In criminal law, what will the defendant be sentenced with if found guilty?

A

A fine, community service or prison.

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21
Q

What is the equivalent of the prosecution in civil law?

A

The claimant (or plaintiff, in older cases)

22
Q

What is the standard of proof in civil cases?

A

The balance of probabilities, meaning the court needs to find one party’s evidence more convincing than their opponents.

23
Q

In civil law, what will the defendant be liable to provide if they lose?

A

A remedy, usually in the form of damages.

24
Q

What is common law?

A

Common law was a body of law that developed in the 11th century, Kings Court, common to all of England (and later Wales). Common law is named as such, because it was common to the whole of England, replacing more localised laws.

25
Q

What was the only remedy available in common law?

A

Damages

26
Q

What is the difference between a common law legal system and a civil law legal system? Give examples.

A

A common law legal system places significant reliance on caselaw, and has an adversarial court system (two parties argue in front of a judge). E.g. UK, USA, Canada, Australia, New Zealand

A civil law legal system has basic principles set out in a written civil code. Judges apply civil code to all cases, and also adopt an inquisitorial approach to managing criminal cases (judges question witnesses and help manage prosecution). E.g. France, Germany, Italy, Spain.

27
Q

What is equity?

A

Equity came from Catholic Church lawyers in the 13th century, who wanted to develop legal principles based on a wider sense of justice, e.g. mortgage, trusts. This parallel court system emerged in the Court of Chancery.
Equity didn’t attempt to cover every area of law, but fill the gaps in common law, and was used when the common law resulted in unfair decisions.

28
Q

What did common law and equity have in common? 

A

They both set out written judgements in individual cases and followed precedents.

29
Q

What did the Judicature Acts 1873-75 do?

A

It merged the common law court and the Court of Chancery and required all courts to apply both common law and equity.

30
Q

When common-law clashes with equity, which will the courts apply?

A

Equity will be applied in all cases, when clashing with common law.

31
Q

What are some equitable concepts?

A

Trusts
Mortgages

32
Q

What is a trust?

A

When one person (the trustee) is the legal owner of property for the benefit of another (the beneficiary).

33
Q

In a trust, what is the trustee responsible for?

A

Making decisions about the property (e.g. land, money, other assets) by acting in the beneficiary’s best interest.

E.g. parents opening a bank account for a child. They can open and close accounts, reinvest, but not spend the money as the contents belong to the child.

34
Q

What is a mortgage?

A

When a person (a buyer or owner already) gives someone else a right over their land as a security for a loan.

35
Q

Explain mortgages in terms of mortgagor, mortgage and mortgagee.

A

The person who owns the land is called the mortgagor (the buyer) and the person to they grant the right (mortgage) to is known as the mortgagee (now usually a bank or building society).

The house remains the legal property of the mortgagor, whose names remains on the title documentation, but the mortgagee can repossessed the house if the mortgagor fails to repay the mortgage in accordance with the agreed schedule of payments.

36
Q

What are the 10 equitable maxims?

A
  1. ‘He who seeks equity must do equity’
  2. ‘Delay defeats equity’
  3. ‘Equity looks to the intent not the form’
  4. ‘He who comes to equity must come with clean hands’
  5. ‘Equity shall not assist a volunteer’
  6. ‘Equity will not suffer a wrong to be without a remedy’
  7. ‘Equity acts in personam’
  8. ‘Equity follows the law’
  9. ‘Equality is Equity’
  10. ‘Equity sees as done that which ought to be done’
37
Q

Is equity compulsory or is common law adequate?

A

No, equity is discretionary, meaning a court can decide that the principles of common law is adequate, and that it isn’t appropriate in a particular case, use equitable principles and remedies.

38
Q

What does ‘Equity will not assist a volunteer‘ mean?

A

You can’t use equity to get something for nothing.

39
Q

What does ‘He who comes to equity must come with clean hands‘ mean?

A

You have to show you’ve acted honourably yourself.

In Evert v Williams [1725], a claim by the estate of one highwayman (who just been hanged) against his partner another highwayman for an agreed share of the proceeds of the robberies was rejected.

40
Q

What does ‘He who seeks equity must do equity’ mean?

A

If you’re seeking an equitable remedy, you must show that you’ve acted fairly. 

41
Q

What does ‘Delay defeats equity’ mean?

A

If you delay, you are likely to be unsuccessful.

42
Q

What does ‘Equity looks to the intent not the form’ mean?

A

Courts will focus on the intention in a written document, rather than the exact language.

43
Q

What does ‘Equity will not suffer a wrong to be without a remedy’ mean?

A

Courts are prepared to create novel legal solutions (remedies) where they are needed to achieve justice.

44
Q

What does ‘Equity acts in personam’ mean?

A

Claims founded on equitable principles are directed against a specific person, including legal person such as companies.

45
Q

What does ‘Equity follows the law’ mean?

A

Equitable principles will only be used if common law or legislation do not take account of a relevant and important fact.

46
Q

What does ‘Equality is Equity’ mean?

A

People in the same legal positions will be assumed to be equal.

E.g. if property is owned by several people, the co-owners are assumed to own equal shares, unless there is evidence pointing to unequal shares.

47
Q

What does ‘Equity sees as done that which ought to be done’ mean?

A

An example of how this maxim has been used is the equitable remedy of specific performance. This remedy has been used to require a person who has contracted to sell land to transfer the land in accordance with the contract, not allowing the seller to compensate the buyer for their purchase costs with damages.

48
Q

What are the equitable remedies?

A

Injunction: either prohibitory (preventing an action) or mandatory (insisting upon an action)

Specific performance: something that is unique, e.g. complete sale of property

Recission: when a contract is rescinded and both parties are put back to their original positions. N.B. Leaf v International Galleries [1950] delays are not allowed.

Rectification: fixing a contract that doesn’t reflect an earlier oral agreement.

49
Q

What is a ‘legal person’?

A

A legal entity, can be a human being, a company, partnership and government agency.

50
Q

What is the difference between a natural person and a juridicial person?

A

A natural person is an individual.

A juridical person is a legal person which isn’t a natural person, e.g. a company. It allows companies to act independently of the person running it and they won’t be liable for the company’s wrongdoing.

This can be avoided by ‘piercing the corporate veil’ to impose liability onto the individuals in the company.

Wrapped: Legal Systems (11 decks)

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