Chapter 1 - Law and legal systems Flashcards
(27 cards)
Definition of Statutory Instruments
Delegated legislation made by ministers under the authority of an Act of Parliament, covering detailed or technical matters.
Use of Statutory Instruments
often used for purposes such as bringing an Act into force, updating or modifying existing laws
What are either negative or affirmative resolution procedures
egative Resolution: The SI automatically becomes law unless either House of Parliament objects within a specific period.
Affirmative Resolution: The SI must be explicitly approved by Parliament before it can become law.
Definition of Orders in Council
Legislation made by the Queen on the advice of the Privy Council, often used for administrative purposes or in emergencies.
Use of Orders In Council
Orders in Privy Council are typically used for administrative matters, implementing EU law (before Brexit), or in times of emergency when swift action is required.
Definition of Bye Laws
Local laws made by local authorities or public bodies, governing specific areas or activities.
Use of Bye Laws
Used to regulate activities at the local level, such as traffic management, public behavior, the use of public spaces, or the regulation of markets
What is the law of trusts
The law of trusts is a branch of equity that deals with the creation, administration, and enforcement of trusts. A trust is a legal arrangement in which one party, known as the trustee, holds and manages property or assets for the benefit of another party, known as the beneficiary. The person who creates the trust is called the settlor. (e.g Vasek trustees of policies)
What is Specific Performance remedy
Specific performance is an equitable remedy in contract law that compels a party to fulfill their obligations under a contract. It is typically ordered by a court when damages (monetary compensation) are inadequate to remedy the harm caused by the breach of contract. (e.g. selling painting then refusing too and claiming and forcing the seller to continue to sell)
what is an Injunction
An injunction is a court order that requires a party to do, or refrain from doing, specific acts.
What is a Preliminary Injunction
Issued early in a lawsuit to prevent harm before the court has a chance to fully resolve the case. (e.g. apple injunction on samsung for breach of patents)
What is a Permanent Injunction
Issued as a final judgment, requiring or prohibiting certain actions permanently. (after final supreme court)
What is a Temporary Restraining Order (TRO)
A short-term injunction issued to prevent immediate harm until a more formal hearing can be held.
What is the legal principal of Promissory Estoppel
Promissory estoppel is a legal principle that allows a party to recover on a promise, even if it was made without formal consideration (e.g The reporters promised to keep Cohen’s identity confidential and he lost his job as a result of them printing it)
Court Examples
1) Magistrates’ Court
2) Country Court
3) Crown Court
4) High Court
1) traffic violations, minor assaults, family disputed
2) contract disputes, personal injury claims, bankruptcy, low value disputes
3) Murder, rape, robbery
4) Complex civil cases, significant legal disputes, and serious criminal cases
What is the Law Commission
Independent statutory body that reviews and recommends reforms to the law to ensure that the law is fair, modern, simple, and cost-effective
Law Commission responsible for
Reviewing, recommending, codifying, removing and modernizing
In UK law, the principle of ‘equity’ is best described as
Body of law that supplements and corrects the common law by ensuring fairness and justice. Unlike common law, which typically offers monetary damages, equity provides remedies such as injunctions, specific performance, and rescission, which are discretionary and tailored to the needs of the parties.
Other Court Examples:
1) Crown Court.
2) County Court.
3) Supreme Court.
4) Court of Appeal
1) Murder, Rape and robbery
2) Civil matters, including claims for debt, personal injury, breach of contract, and family matters like divorce and child custody
3) The highest court in the United Kingdom, appeals from the Court of Appeal, the High Court, and other lower courts.
4) Handles appeals from the Crown Court, High Court, and other lower courts. It has two divisions: the Criminal Division and the Civil Division.
Example of non-violent offence
Theft, fraud, drug possession (depending on jurisdiction), and certain types of property damage.
Example of Indictable-only offences
Can only be tried in a Crown Court (in the UK). Examples include murder, rape, and robbery.
Example of Summary offences
Minor traffic violations (e.g., speeding), Disorderly conduct & Common assault (in some cases)
Usually carry lighter penalties, such as fines or short-term imprisonment
Example of Either-way offences
Theft (depending on the value), Assault causing actual bodily harm (ABH) & Burglary
Offences that can be tried either in a Magistrates’ Court or a Crown Court
What is constitutional law
Deals with how the Constitution is applied and interpreted. It covers how different parts of the government (like the President, Congress, and courts) interact with each other. (e.g US supreme court deciding on racial segregation)
