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MO5 > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Public Law

A
  • constitutional law
  • administrative law
  • criminal law
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2
Q

Constitutional Law

A

The structure of the main institutions of government and how they work with each other

includes - the making of treaties, the Monach, members of parliament, government ministers

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3
Q

Administrative Law

A

Concerns the legal relationship between private citizens and various agencies of government

Includes - questions of local rating, taxation, health and education, granting of licenses

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4
Q

Criminal Law

A

Covers a broad spectrum addressing a wide range of criminal offences such as - theft, murder, manslaughter, drug offences, road traffic offences

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5
Q

Sources of Criminal Law - Statute and Common Law

A

Some crimes have been established through court decisions, known as common law offences

Theft - Theft Act 1968
Rape - Sexual Offences Act 2003
GBH - Offences Against The Person Act 1861

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6
Q

Fagan v. Met Police

A

Used in assault and battery

Prosecuted under the Criminal Justice Act 1988, but their definitions are influenced by the court decision

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7
Q

Categories of Criminal Offences

A

Summary (Minor Crimes)
- Magistrates’ Court

Either-Way
- Magistrates or Crown Court

Indictable/Only (Most Serious)
- Crown Court

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8
Q

Burden of Proof

A

The prosecution must prove guilt beyond reasonable doubt
The defendant is presumed innocent until proven guilty
(European Convention on Human Rights)

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9
Q

Standard of Proof

A

Criminal cases require proof beyond reasonable doubt
Civil cases require proof on the balance of probabilities

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10
Q

Private Law

A

Governs the relationship between legal persons

Includes the law of contract, tort, trusts, property, succession and family law

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11
Q

Jurisdiction without Contractual Agreement

A

Territorial Jurisdiction
- the accident occurred in London, within the English court’s geographical authority

Subject Matter Jurisdiction
- the case involves personal injury, which English civil courts are authorised to adjudicate

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12
Q

English Law - Age and Continuity

A
  • English law has developed continuously over 900 years
  • many cases and statutes over 500 years old remain in force
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13
Q

English Law - Little Codification

A

A legal code is a systematic collection of written laws designed to avoid inconsistency

In England:
- criminal law
- civil law areas like partnerships, sale of goods, bills of exchange and marine insurance

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14
Q

Adversarial System

A

Civil Cases : Claimant v Defendant

Criminal Cases : Prosecution vs Defence

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15
Q

Development of Common Law

A

Normal Conquest 1066
- the Norman’s established a strong central government

Early defects :
Only remedy available was damages (financial)
Rigid procedural rules
Corruption was common

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16
Q

Development of Equity

A

1500s: The Court of Chancery gained influence

1616 Earl of Oxford’s: established that equity prevails when in conflict

1600s : Equity developed its own fixed rules and precedents

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17
Q

Key Principles of Equity

A

Trust Law - legal structure placing assets under a trustee’s control

Specific Performance - court requiring a party to fulfil their contractual promise

Injunction - court order preventing or requiring action

Promissory Estoppel - legal protection for individuals relying on a promise

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18
Q

Legislation

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A

A written law created formally
Only parliament can make general legal rules

Parliament consists of:
- House of Commons
- House of Lords
- The Monarch

Acts of Parliament are known as Statute Law

19
Q

Parliament’s Power

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A
  • create new laws
  • change or remove existing laws
  • modify common law and equity
20
Q

Legislative Process

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A

Green Paper - a draft idea inviting public feedback

White Paper - a more definite proposal before a law is created

Bills - official drafts of new laws designed

21
Q

Types of Bills

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A

Public Bills - apply to everyone (criminal law)

Private Bills - apply to specific groups (insurance companies)

Private Members’ Bills - proposed by individual MPs but rarely become law without gov support

22
Q

How Public Bills Become Law

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A

First Reading: Title is Read Out
Second Reading: MOPs debate
Committee Stage: small group discusses
Report Stage: Changes are reviewed and debated
Third Reading: Final debate with only minor wording edits
House of Lords: Lords can delay but not reject
Royal Assent: The Monarch formally approves

23
Q

Consolidating Acts

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A
  • combine existing statutes on a subject into one Act
  • do not create new laws but simplify existing ones
  • example : Road Traffic Act 1988
24
Q

Codifying Acts

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A
  • consolidate statutes + case law into a single code
  • example : Marine Insurance Act 1906, which included legal principles from 2000 cases
25
Retroactive Legislation
Laws that affect past actions or rights before coming into effect
26
Delegated Legislation
- parliament makes general laws but can’t handle all the details - government ministers & local authorities fill in specifics Enabling Acts (Parent Acts) give ministers power to create regulations Delegated Legislation = same legal force as primary legislation
27
Types of Delegated Legislation
Statutory Instruments - rules & regulations made by government ministers Orders in Council - used for important constitutional matters - approved by Privy Council Byelaws - local rules made by local authorities - require approval from the appropriate minister
28
Statutory Aids
Interpretation Act 1978 - singular includes plural, and vice versa - masculine included feminine, and vice versa - person includes companies and humans
29
Common Law Rules
Literal Rule - words are given their ordinary meaning Subsidiary principles: - noscitur a sociis: words are understood by their context - ejusdem generis: general terms are defined by specific preceding words Golden Rule - avoids absurd results by choosing reasonable interpretation Mischief Rule - focuses on the problem the Act aims to fix
30
Presumptions in Interpretation
Statutes are presumed - not to create strict criminal offences - not to remove court jurisdiction - not to apply retroactively - to apply only in the UK - not to infringe international law - not to bind the crown - not to interfere with existing rights
31
Civil Courts
- County Court - High Court - Divisional Courts - Court of Appeal - Supreme Court
32
County Court
Handles minor civil cases Heard by a Circuit Judge sitting alone
33
High Court
Handles major cases Chancery Division : company matters, partnerships, trusts, mortgages, revenue Family Division : family law, property disputes, adoption, guardianship Queen’s Bench Division : contracts, torts, shipping, construction
34
Divisional Courts
Hears appeals from County Courts, Magistrates’ Courts and tribunals Normally consist of two or more judges
35
Court of Appeal (Civil Division)
Hears appeals from County Courts and High Court divisions Usually three judges sit; sometimes five or seven
36
Supreme Court
- final court of appeal for UK civil cases - focuses on cases of pubic and constitutional importance - replaced the House of Lords in 2009 - appeals can leapfrog directly from High Court to Supreme Court
37
Criminal Courts
- Magistrates’ Courts Handles minor criminal offences and some civil matters - Crown Court Handles serious criminal offences Trial by judge + jury Court of Appeal + Supreme Court
38
History of Precedent
Precedent : decisions in previous cases guide future cases with similar facts Doctrine of Stare Decisis : “let the decision stand”
39
Binding Precedent
- judges must follow principles established in earlier cases with similar facts - the binding part is the ratio decidendi (reason for deciding), not the entire case
40
Ratio Decidendi
The principle or reason for the decision in a case Based on judge’s decision, reasons for the decision and material facts of the case
41
Obiter Dicta
Statements made by a judge that are not essential to the decision Characteristics: - concern hypothetical situations or unnecessary questions - not binding but may be persuasive in future cases - particularly influential if from the Supreme Court or House of Lords
42
Civil Courts - Binding?
Supreme Court - binding on all lower courts, not bound by it’s own decisions Court of Appeal - binding on High Court and County Courts, generally bound by it’s own decisions High Court - binding on lower courts, decisions at first instance are not binding on other High Court judges County Courts - bound by all higher courts
43
Criminal Courts - Binding?
Supreme Court - binding on all lower courts, can overrule it’s own decisions Court of Appeal - binding on Crown and Magistrates’ Courts Crown Court - bound by Supreme Court and court of appeal, not bound by divisional court decisions Magistrates’ Court - bound by higher courts, except Crown Court appeals
44
Judicial Committee of the Privy Council
Final court of appeal for some Commonwealth countries, Channel Islands and Isle of Man Judgments are highly persuasive and treated like Supreme Court decisions

MO5 (1 decks)

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