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Corpoorate Governance & Law > Uk Constitutional Law & the English Legal System > Flashcards

Uk Constitutional Law & the English Legal System Flashcards

1
Q

What are the 3 branches of Government?

A
  1. The legsilature
  2. The executive
  3. The judiciary
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2
Q

What is the purpose of the judicary branch of government?

A

It is responsible for the administration of the country’s legal system.

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3
Q

What is meant by parlimentary sovereignity in the UKs governance system?

A

It is the concept that the legislative branch of government is the supreme legal authority in the country.

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4
Q

What is meant by “seperation of powers” and does the Uk have full seperation of powers?

A

It is the concept that the 3 branches of government should function independently.
The UK does have seperation of powers, but not to the full extent as members of the Executive(the cabinet) are also MP’s (members of the legislature).

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5
Q

A subordinate carries out an illegal action undeer the orders of their boss. Is this an adequate defence?

A

No, they are still legally responsible.

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6
Q

What are the 3 main roles of the Crown?

A
  1. Giving Royal Ascent to legislation passed by parliment
  2. Formally appointing the prime minister
  3. Holding official positions ie. Head of the Armed forces
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7
Q

What is the privy council?

A

A group of personal advisors to the monarch.

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8
Q

What is meant by the Royal Prerogative?

A

This refers to the powers that can in theory be exercised byu the monach acting alone.

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9
Q

What is the order of supremacy in criminal courts?

Excluding the High Court

A
  1. Magistrates court
  2. Crown court
  3. Court of Appeal (criminal division)
  4. Supreme court
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10
Q

Who makes the judgements in a magistrates court?

There are 2 possibilities

A
  1. 2/3 lay magistrates (people who are not judges or lawers)
  2. A single district judge
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10
Q

Who makes the judgements in a magistrates court?

There are 2 possibilities

A
  1. 2/3 lay magistrates (people who are not judges or lawers)
  2. A single district judge
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11
Q

When apealing at the magistrates court on a question of fact, where does the appeal go?

A

The crown court

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12
Q

When apealing at the magistrates court on a point of law, where does the appeal go?

A

High court (Queens branch division)

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13
Q

When may a crown court be a court of first instance?

A

When the case involves a more serious crime.

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14
Q

In which court is there a judge & jury?

A: Crown Court
B: Magistrates court
C: Both
D: Neither

A

A: Crown Court

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15
Q

Where do appeals in the crown court go to?

A

Court of appeal

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16
Q

Where do appeals in the court of appeal or high court go to?

A

Supreme court

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17
Q

How many justices of the supreme court are there?
A: 5
B: 7
C: 9
D: 12

A

D: 12

18
Q

How many judges hear an appeal at the supreme court?

A

5,7,9 or 11

Ie always an odd number so there is a majority decision

19
Q

What is the ranking of superiority of the courts in the civil court system?

Lowest to highest

A
  1. County court
  2. High court (3 divisions)
  3. Court of appeal (Civil division)
  4. Supreme court
20
Q

What types of claims are heard in a county court?

A
  1. Small claims (amounts up to £10,000 may be resolved without a court hearing)
  2. Fast track claims between £10,000 & £20,000
21
Q

What are the 3 divisions of the High court for hearing civil cases?

A
  1. Queens branch division
  2. Chancery division
  3. Familiy division
22
Q

What does the queens branch division of the high court hear?

A

It hears cases for larger amounts such as breach of contract, tort, personal injury and libel

23
Q

What does the chancery division of the high court hear?

A

It hears cases involving land law, company law, partnership law and insolvancy. It may also hear appeals from the county court on inheritance and insolvancy.

24
Q

What does the family division of the high court hear?

A

Cases involving children and divorce.

25
Q

Who makes a judgement on cases heard in the court of appeal?

A

3 Lords/Ladies justices of appeal

26
Q

A court decides the amount of damages that should be paid in a case. What is this type of damages known as?

A

Unliquidated damages.

27
Q

What is a tribunal?

A

A tribunal is a specialist judicial body which decides disputes in specific areas if law covering a wide range of subjects.

28
Q

What are the advantanges of a tribunal as opposed to a civil court?

A
  1. Its quicker to process claims
  2. Cheaper than going to court
  3. They are fairly informal
  4. Cases are deal by people with specialist knowledge
29
Q

True/False: Decisions of a tribunal are not bound by precedent.

A

True

30
Q

What is primary legislation?

A

Legislation made by the legislative branch of teh government. Ie Acts of parliment

31
Q

What is secondary legislation?

A

Delegated legislation. Legislation made by a body or individual whos powers have been provided by primary legislation.

32
Q

What stages must primary legislation go through before it can be approved?

A
  1. First reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
33
Q

What happens at the committee stage when attempting to pass an act of parliment?

A

The bill is debated in detail by a committee of members of the houses of parliment.

34
Q

What is meant by “Ultra Vires”

A

A when rules or regulations are made outside of the powers allowed by primary legislation.

35
Q

What are the 3 main rules a judge may use to interperate law?

A
  1. Literal rule
  2. Golden rule
  3. Mischeif rule
36
Q

What is the literal rule based on when interperating a law?

A

Basing the law on its literal definition. Ie its dictionary definition.

37
Q

What is the golden rule based on when interperating a law?

A

Literal meaning unless “manifestly obsurd”

38
Q

What is the mischief rule based on when interperating a law?

A

It is based on what the law intended to prevent.

39
Q

What is the purposive rule based on when interperating a law?

A

It is based on what the law attended to achieve.

Note: this can be different than what it intended to prevent.

40
Q

True/False: Precedents are established by the facts of a case.

A

False

41
Q

What 3 factors determine if a precedent is binding or persuasive?

A
  1. The hierarchy of the courts
  2. Ratio decidendi or obiter dicta
  3. The facts of a case
42
Q

What is meant by ratio decidendi and can it set a binding precedent?

A

It means the “reason for the decision”. It may be based on previous precedents but when there are non the “ratio decidendi” can be binding.

43
Q

What is meant by Obiter dicta? And can it set a binding precedent?

A

It is when the judge was influenced in their decision by a non binding precedent. For example, a similar case from overseas. They do not create a binding precedent but may be later used as a persuasive authority in later cases.

Corpoorate Governance & Law (8 decks)

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