Law system Flashcards
In what year did major House of Lords reforms pass? What did they involve?
2005 Removed the Law Lords from the HoL Created new Supreme Court
What are the sources of English law?
Statute Law Case Law European Law
What is judicial precedent?
A decision taken by a judge in either the Court of Appeal or the Supreme Court which may or may not be necessarily followed in similar cases by lower courts
What is needed to create a judicial precedent?
- Ratio decidendi 2. Obiter dicta 3. System for reporting and making known cases
What are the three types of offences?
Summary offences, indictable offences and either-way offences
Give two examples of indictable offences
Murder and rape
Who are the lay people in the criminal justice system? What are they?
Magistrates and juries - they are ordinary, untrained people who have been selected to pass judgement
In which court will you find a judge and a jury?
Crown Court
What are the maximum sentences a magistrate can give?
Fine up to £5000, full range of community service orders, up to 6 months imprisonment
Where are most civil cases heard?
County Court
What are the main divisions of the High Court?
Queen’s Bench, Family, and Chancery
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is the standard of proof in a civil case?
On the balance of probabilities
Explain R v R. What year was this case heard?
1991
Defendant had had sex with his wife against her will
He argued that even though they had separated, there was no legal separation, and the law at that time said that a wife gave consent to sexual intercourse through marriage
House of Lords overturned the precedent that exempted married couples from rape laws
What is the main common law remedy in a civil case?
Damages
