3LS Questions Flashcards
(35 cards)
Who can vs cannot bring forth a criminal case?
The state, e.g. through the police, can bring forth a criminal case. However, the victim cannot.
What’s the main purpose of a criminal case vs civil case?
What’s the main purpose of a criminal case vs civil case?
By which standard are criminal cases proved?
Beyond all reasonable doubt
By which standard are civil cases proved?
On a balance of probabilities
What is the decision as to whether or not a person is guilty/liable called in criminal vs civil cases?
Verdict vs decision/judgement
How are criminal case names written?
R v [defendant’s name]
R stands for Regina (Queen) and is used to represent the state
What’s the max sentence for a summary offence?
12 months
How do you pronounce R v Schumacher?
How do you pronounce R v Schumacher?
What is substantive v procedural law?
Substantive law is the rules that are to be followed, and procedural law is how it is enforced/upheld.
What’s an adversarial system?
Case is adjudicated by two competing sides presenting their evidence with a neutral judge or jury deciding which case they prefer.
What’s an inquisitorial system?
Case is adjudicated by two competing sides presenting their evidence with a judge who may also question and investigate in pursuit of truth.
What is the hierarchy of law reports?
- The Law Reports (AC, QB, Ch, Fam)
- WLR
- All ER
- Other
The abbreviation ‘UK’ used in the neutral citation system is used for…?
Privy Council, House of Lords and Supreme Court cases
The Appeal Cases series of law reports contains reports of…?
Cases heard in the Supreme Court, House of Lords or Privy Council
What are our main domestic sources of law?
- Common law
- Statutes
- Delegated legislation
What are the sources of law within the EU?
- Primary legislation
- Treaty of the Functioning of the EU (TFEU)
Treaty of the European Union (TEU)
- Treaty of the Functioning of the EU (TFEU)
- Secondary legislation
What are the two sources of law within the Strasbourg jurisprudence?
- The European Convention of Human Rights (ECHR)
- The European Court of Human Rights (ECtHR)
How was common law developed?
Monarch sent commissioners around the country and applied the best customary rules universally.
How could someone bring action against someone in the past?
By writ
What were some problems the old system of bringing action against someone had?
- Could only apply if there was a writ for it
- Error in writ collapsed action
- Only one cause of action and defense per writ
Name the 3 different type of bills and who they benefit:
- Public Bill - For the benefit of Gov’s programme of legislation
- Private Bill - For the benefit of particular people, groups, institutions, localities
- Hybrid Bill - A mix between Public and Private Bill
Name a few statutory instruments included in delegated legislation:
- Regulations
- Rules
- Orders
Describe the bill approval process:
1st Reading (HoC) → 2nd Reading (HoC) → Committee Stage → Report Stage → 3rd Reading (HoC) → Readings in HoL → Scrutiny/Approval by HoC → Royal Assent
Which institution represents the interests of the EU as a whole?
The European Commission
