General Flashcards

0
Q

When was Sir William Blackstone alive?

A

1723-1780

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

When did the uk become part of the EU?

A

1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why did sir William Blackstone write?

A

Commentaries on the law of England 1765-1769

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What constitutes the written law?

A

Judicial decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How do statutes affect inconsistent law?

A

The override

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How is it justifiable that parliament creates supreme law?

A

It is a democratic body elected by the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who was Sir Edward Coke?

A

Chief Justice of the kings bench

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the HRA?

A

The human rights act 1998

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the ECA?

A

The European communities Act 1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How did the HRA domesticate the ECHR?

A

Convention rights are part of English law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was the purpose of the HRA?

A

To redress the balance between the courts and parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

3 principles of fair trial rights

A

Relate to Integrity of procedure
Inform participation of the parties
Inform principle if open justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

2 fundamental rules of natural justice in civil cases

A

Right to be heard

Rule against bias

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the normative theory

A

Z

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Does article 6 privilege criminal or civil?

A

Criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does Independent and impartial relate to

A

The integrity principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Databases

A

Lexis library
West law
Cambridge journals
Just cite

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Constitutional reform act

A

2005

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Why is legal discourse about?

A

Authority. Previously decided definitions and interpretations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Are county courts bound by their own decisions?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is per incuriam?

A

Z

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When was the house f lords replaced by the Supreme Court?

22
Q

From 1966 what happened to the House of Lords?

A

No longer void by own decision

23
Q

What terms are used for agreeing disagreeing in a judgement

A

Concurring dissenting

24
Distinguishing does what?
Highlights differences
25
What is a rhetoric?
Z
26
How is precedent said to be a form of public reason?
Judges give reasons for decisions | Decisions must be justified
27
Who is the audience of a judge?
Lawyers and parties Academics and law students Public
28
Doctrine of precedent
Must be a stable system Be coherent Clear Allow change
29
Where is the ECtHR?
Strasbourg
30
What was said in pepper v hart about legislation?
Which is ambiguous or obscure or the literal meaning which leads to obscurity
31
How is the HRA interpreted?
So far as possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with convention rights
32
What is purposive interpretation?
Z
33
Judges functions
Decide questions of law Procedure Costs Sentencing
34
Was The Lord Chantelle elected?
No
35
What did the constitutional reform act 2005 do?
Created a new system for the appointment of judges and magistrates
36
Values of civil procedure?
Integrity Participation Open justice
37
Human rights review 2012
Removing legal aid from areas of civil law may mean that some people do not have access to a fair hearing.
38
Why is there a duty to give reasons?
Justice muse not only be some but be seen to be done
39
Why is ADR problematic?
It assumes parties are equal
40
What is due process?
Equal protection of the laws
41
What are the divisions of the high court?
``` Queens bench div Family div Chancery div Administrative court Divisional court ```
42
What is syntax?
Grammatical use of words
43
What is state decisis?
Binding precedent
44
What what my case study?
Regina (rottman) v commissioner of the police of the metropolis 2002 UKHL 20
45
Where was the case in study first heard ?
divisional court Of the queens bench division
46
What judges where in the case study
``` Nichols Hoffman Hope Hutton Rodger ```
47
What was the ratio in the case study?
In enacting PACE parliament refrained from abolishing the common law powers of police officers executing an arrest warrant. Deliberately left powers and corresponding safeguards
48
What did Lord Craighead say?
Dissenting. The sole purpose was to arrest not to search
49
What did lord Hutton say?
Common sense that to search the room could expand to the house
50
What did Lord Roger say?
Police officers had the power to enter an search for the purpose of the arrest
51
Who did lord Nichols agree with?
Hutton Hope Hoffman and Rodger
52
What are is legislation in the case study
The police and Criminal evidence act 1984 The human rights act 1988 Extradition act 1989