English Legal System Flashcards
What is meant by ‘law’
The system of rules which a particular country or community recognises as regulating the actions of its members, and which it may enforce by the imposition of penalties.
Why is it important to understand how law is a long historical development product?
Not only important from a descriptive point of view, in that it enables us to state, as a matter of fact, how we have the law as we know it today; it is also vital at a deeper level, from a prescriptive point of view
What is meant by a prescriptive point of view of the law?
It puts us in a position to form well-informed opinions as to whether the state of the law and our understanding of it should be as it is currently is, and if not, how we ought to develop or change the law
How does law become credible and therefore enforceable?
The rules/regulations that frame society must reflect the wishes or tolerance of the broad majority of the population
What are a few functions of the law?
Maintains the peace and safety in a society
Regulates the relationships between persons and/or entities
Protects human rights and liberties
Ensures the smooth running of economic and political activities.
What courts developed from the Kings Court (established in 1215)?
Court of the Exchequer
Court of Common Pleas
Court of King’s Bench
When did the 3 developed courts remain until?
the Judicature Act 1873
What was a ‘writ’?
A document with a royal seal that constituted a royal demand for the defendant to appear before the Court. The writ also contained the foundation of the complaint and a different form of writ was used for each ground of complaint
Which King developed the concept of trial by jury?
Henry II in the 12th century
What were the early forms of writ?
1) Real action
2) Personal action
3) Trespass
What are the current sources of law in England and Wales
1) Case law
2) Legislation
3) EU law (pre-brexit) and now via legislation
4) International law
