Chapters 1 - 3: Unit 1 Flashcards
(41 cards)
Introduction and the Meaning of ‘Law’
Defining ‘Law’: Difficult to define precisely due to its diverse types and continuous development.
Function of Law: Sets standards of acceptable behaviour. Generally aligns with societal views and incorporates moral considerations.
Legal Rules vs. Social Rules & Law vs. Morality
Legal Rules: System of rules governing daily life. Enforced (fines, prison)
Social Rules: Conventions influencing conduct. NOT legally enforced (e.g., queuing)
Law & Morality: Morality underpins law (e.g., murder, rape). Immoral but Legal: Adultery, tax loopholes. Legal but Not Universally Immoral: Soft drugs, speeding slightly.
Private v Public law:
Private Law:
Concerns: Individuals/companies relationships.
Enforced by: Individuals in court.
Example: Customer claims vs. manufacturer.
Public Law:
Concerns: Individuals vs. State relationship.
Enforced by: The State (e.g., criminal prosecution, planning enforcement).
Civil vs. Criminal
Criminal: Individual vs. Community/State, objective is to Punish (prison, fines), Prosecutor (State: Police/CPS) vs. Defendant, “Beyond reasonable doubt”.
Civil Law: Individual vs. Individual, objective is to Remedy/Compensate (damages, injunctions), Claimant vs. Defendant, “On the balance of probabilities”,
Doctrine of Stare Decisis (Judicial Precedent):
Means “to stand by things decided.” Earlier decisions of higher courts are binding on lower courts in similar cases. This created consistency and predictability in the legal system.
Equity:
Arose as a response to the rigidity and harshness of Common Law.
“Equity looks on that as done which ought to be done.”
Equitable Remedies: Discretionary court orders (not awarded as of right, unlike common law damages). Injunctions, specific performance.
Process of Becoming an Act:
Green Paper, White Paper, Bill, Stages of a Bill: First Reading, Second Reading (debate), Committee Stage (detailed scrutiny), Report Stage (amendments considered), Third Reading, then progresses to the other House, Royal Assent.
Types of Legislation:
Public Bills: Affect the public as a whole (e.g., Stalking Protection Act 2019). Most common type.
Private Bills: Affect specific persons or localities (e.g., an Act to allow a new railway line in a specific area).
Consolidating Legislation: Re-enacts law from several existing statutes into one new statute, without making material changes (e.g., Insolvency Act 1986). Simplifies existing law.
Codifying Legislation: Gathers all the law on a specific topic (from common law, custom, and existing statutes) into one comprehensive new statute, potentially changing pre-existing law (e.g., Theft Act 1968). Aims for a complete statement of the law on that topic.
Delegated (Subordinate) Legislation
Definition: Law made by bodies other than Parliament (e.g., government ministers, local authorities, the Crown) under the authority of an “enabling” or “parent” Act of Parliament.
Statutory Instruments (SIs): Most common form of delegated legislationxdff
Structure of the Court System
Hierarchy (from top):
- Supreme Court of the United Kingdom (final court of appeal for UK, replaced House of Lords in 2009 by Constitutional Reform Act 2005 for judicial independence/transparency).
- Court of Appeal (Senior Courts of England and Wales)
Criminal Division
Civil Division - High Court (Senior Courts of England and Wales)
- Queen’s Bench Division
- Chancery Division
- Family Division
- Crown Court (Senior Courts of England and Wales)
- Magistrates’ Courts
County Court (single court established 2013, “hearing centres”) - Family Court (established 2013 by Crime and Courts Act 2013, consolidated family jurisdiction).
Classification of Courts - Criminal vs. Civil
Criminal Courts:
- Objective: Decide guilt/innocence, punish wrongdoers.
- Examples: Crown Court (almost exclusively criminal), Magistrates’ Courts (primarily criminal, some civil).
Civil Courts:
- Objective: Decide disputes between parties, grant remedies (usually compensation).
- Examples: County Court (only civil).
Courts with BOTH Civil & Criminal Jurisdiction: Supreme Court, Court of Appeal, High Court, Family Court, Magistrates’ Courts (limited civil).
Classification of Courts - Trial vs. Appellate
Trial Courts (Courts of First Instance):
Function: Hear cases for the very first time. Rule on issues of fact and law.
Examples: County Court, Family Court, High Court (dual role), Crown Court, Magistrates’ Courts.
Appellate Courts:
Function: Reconsider application of legal principles to cases already heard by a lower court. May also reconsider disputed facts in some cases.
Purpose: Correct errors of fact, law, or procedure; assist in development of law.
Examples: Supreme Court, Court of Appeal, High Court (dual role), Crown Court (hears appeals from Magistrates’).
Overview of Civil Procedure (Money Claims)
Stage 1: Pre-commencement
Stage 2: Commencement of proceedings
Stage 3: Interim matters
Stage 4: Trial
Stage 5: Post-trial
when are cases appealed?
Permission is asked to the court that made the decision, or if not a written one to the appelate court. It must have a prospect of success and be on a point of law.
“Leapfrog Appeals”:
Direct appeals from the High Court to the Supreme Court are possible in a handful of cases.
Criminal Courts of First Instance: Magistrates’ Courts
Trial of summary offences (minor offences, must be dealt with here). Mode of trial procedure for either-way offences (decide if case goes to Magistrates’ or Crown Court).
Indictable Only Offences:
Most serious (e.g., murder, robbery). Can only be tried in the Crown Court.
If defendant pleads not guilty, trial is by judge and jury. Jury judges facts, judge directs on law.
Criminal Appeals System - General Principles
Public policy dictates greater freedom to appeal due to the serious damage to reputation and potential deprivation of liberty associated with criminal convictions.
Court of Justice of the European Union (CJEU)
ECJ Jurisdiction:
Ensuring uniform application of EU law (e.g., preliminary rulings on interpretation/validity of Treaties/EU acts).
Actions against Member States for failing Treaty obligations.
European Court of Human Rights (ECtHR)
Purpose: Uphold human rights, democracy, and rule of law in Europe.
Jurisdiction: Hears applications concerning alleged violations of the European Convention on Human Rights (ECHR) by Member States.
Can be inter-state cases (e.g., Cyprus v Turkey) or individual petitions (e.g., Hirst v UK on prisoner voting rights).
Necessity of Interpretation:
Language used in statutes is not always clear or unambiguous.
Societal changes and new technologies mean statutes must apply to unforeseen issues (e.g., Internet shopping for Sale of Goods Act 1979, jet skis for Merchant Shipping Act 1995).
Drafting tradition is “all-embracing,”
aiming to cover every eventuality, thus using general terms. Many words have more than one meaning, leading to ambiguity if context isn’t clear (e.g., “woman without her man is nothing” vs. “woman; without her, man is nothing”).
Corkery v Carpenter [1951]
: Court held a bicycle was a “carriage” for the Act’s purpose. (Illustrates crucial impact of word meaning).
