Chapter 1

Question 1

Define civil law

Answer 1

The body of law dealing with what is owed by individuals and organisations to each other

Question 2

Define criminal law

Answer 2

The body of law dealing with what is owed by individuals and organisations to society as a whole

Question 3

Who is the claimant/plaintiff

Answer 3

The party commencing court action

Question 4

Who is the defendant

Answer 4

The opponent of the claimant

Question 5

What is the burden of proof

Answer 5

The responsibility of the claimant to prove their case

Question 6

What is the standard of proof

Answer 6

How convincing the evidence needs to be in order for a party to win the case.

Question 7

What are damages

Answer 7

The usual compensation which is awarded to a successful claimant

Question 8

Name three things a defendant losing a criminal case may be sentenced with

Answer 8

Fines, community service, prison

Question 9

Who has the burden of proof in a criminal case

Answer 9

The prosecution (Crown Prosecution Service, police, specialist body etc.)

Question 10

What is a collapsed case

Answer 10

One in which evidence is not given by the prosecution, and the defendant is automatically deemed not guilty

Question 11

What is the standard of proof in criminal cases

Answer 11

That the evidence given must convince the jury beyond reasonable doubt that a defendant is guilty

Question 12

What is common law and what compensation is awarded in common law cases

Answer 12

Common law is made up of judgements written by judges which replaced local laws. The only compensation is damages.

Question 13

What is equity

Answer 13

Legal concepts developed by the Court of Chancery to be more fair and run parallel to common law. It aims to fill gaps in law rather than to cover every area of law.

Question 14

Describe mortgages

Answer 14

They are created when a lender (mortgagee) is given a right over a mortgagor’s land as security for a loan. The mortgagor still owns their land but if they fail to make the repayments as agreed to the mortgagee the mortgagee has the right to repossess the land.

Question 15

Describe trusts

Answer 15

One party (the trustee) is given legal rights over property of another (the beneficiary) for their benefit, and so the trustee must act in accordance with the beneficiary’s best interests.

Question 16

What are The Judicature Acts 1873-1875

Answer 16

Legislation which required all courts to merge together both common law and the Court of Chancery. It also provides that if the two clash, equity applies in all cases.

Question 17

What are maxims of equity

Answer 17

Short ‘pithy’ statements used by judges as part of their legal reasoning, which can also decide if common law is adequate for a particular case without the need for equitable principles and remedies.

Question 18

Who is a mortgagor

Answer 18

An owner of land who has borrowed money from a lender

Question 19

Who is a mortgagee

Answer 19

A lender who has a right over a borrower’s land as security for their loan

Question 20

What are equitable remedies

Answer 20

Fairer methods of awarding compensation when damages is not appropriate

Question 21

Name the four equitable remedies

Answer 21

injunction, specific performance, rectification, rescission

Question 22

What is an injunction

Answer 22

It is either prohibitory orders NOT TO do something or mandatory orders TO do something

Question 23

What is specific performance

Answer 23

An order by the court to carry out an original agreed action in accordance with a contract

Question 24

What is rectification

Answer 24

An amendment to a contract to reflect an original agreement (e.g. if the original agreement was verbal and a written contract does not reflect this correctly)

Question 25

What is rescission

Answer 25

Cancellation of a contract to put both parties back to where they started. Applications for this remedy must be made within a reasonable time period.

Question 26

Describe common law legal systems and where they are used

Answer 26

System based around the use of case law and an impartial judge (adversarial law case system) in cases. Used in countries such as UK, USA, Canada etc.

Question 27

Describe civil law legal systems and where they are used

Answer 27

The law is a written ‘civil code’ and must be applied to all cases. Judges have a more direct role in questioning in criminal cases (called inquisitorial). Used in countries such as France, Germany etc.