1. Law: Structure of Law | Common Law, Equity Law & Statute Law | International Law & Subordinate Legislation

Question 1

What are the 4 main sources of law?

Answer 1

1. Common Law
2. Statute Law
3. Judicial Precedent & Case Law
4. European & International Laws

Question 2

What is Common Law?

Answer 2

is a body of unwritten law based on legal precedents made by the courts

Question 3

When is Common Law needed?

Answer 3

when the outcome of a case cannot be determined based on existing statutes or written rules of law

Question 4

Which branch makes Common Law?

Answer 4

the judicial branch & their judges create & shape the common law

Question 5

What branch of law is administered concurrently with common law?

Answer 5

Equity Law

Question 6

equity law is concerned with what?

Answer 6

fairness and justice (it just makes things more fair)

Question 7

Give 3 examples of equity law

Answer 7

1. Imposing a lien
2. Correcting a property line
3. Ordering a person to do something to prevent damage

Question 8

What is Statute Law?

Answer 8

the written body & principles of law

written as statutes

approved by Parliament

given royal ascent by the Monarchy

Question 9

A statute or an Act is?

Answer 9

1. a bill that has been approved by Parliament & given Royal assent by the Monarch
2. written laws

Question 10

A statute typically does what 3 things?

Answer 10

Command or prohibit something or declare policy

Question 11

Statutes always begin as

Answer 11

a bill
public bill
private bill (doesn’t effect the public)

Question 12

What is a bill?

Answer 12

is a proposal for a new law or to change an existing law

Question 13

Statutes are also known as

Answer 13

Acts

Question 14

What activity has to happen before Parliament for the Monarchy to be able to give a bill Royal Assent?

Answer 14

Debate the bill

Question 15

Who can introduce a new Bill to be debated before Parliament?

Answer 15

1. The Government
2. Lords
3. Individual MPs

Question 16

When a bill finally becomes enacted by law what 2 things can it now be called?

Answer 16

An Act of legislature or a statute

Question 17

What is Judicial Precedent?

Answer 17

is when a judge uses previous decisions of the court where the facts are of sufficient similarity

Question 18

What is Case Law?

Answer 18

1. Are laws created by the courts

2. Not by Parliament

Question 19

What institution is responsible for creating European law?

Answer 19

European Commission

Question 20

How does the European Commission bring about European law?

Answer 20

it consults with the Government departments of each member state & then submits to the European council a proposal for regulation or directive

Question 21

Who does the European Commission submit a proposal to?

Answer 21

European council

Question 22

What does the European Council do?

Answer 22

it decides the overall political directions & priorities of the European Union

Question 23

What is a regulation?

Answer 23

it’s a legal act of the European Union that becomes immediately enforceable by law in all member states at the same time & it overrules national laws

Question 24

Can a member state vary from regulation?

Answer 24

no, a regulation must be carried out identically in each member state

Question 25

An example of regulation is

Answer 25

EU Driver’s Hours & Tachograph rules

Question 26

What is a directive?

Answer 26

an objective that all EU countries must reach & integrate into their national legislation within a set time frame

Question 27

Since the withdrawal from the EU what has happened to the laws that were in place at 31st Dec 2020?

Answer 27

now a part of UK Domestic law

Question 28

What has to happen for International law to become law in the UK?

Answer 28

has to become a part of UK domestic law first before it becomes laws

same for EC directives

Question 29

Give an example of an international agreement still in place today that was made before the UK joined the EU?

Answer 29

the convention of the International Carriage of Goods by Road (CMR Convention)