Intro To English Legal Systems

Question 1

Two types of law

Answer 1

• Public law: involves the relationship between the individual and the state
• Private law: involves rights and duties between two individuals
  or
• Criminal law
• Civil law

Question 2

What does Public law consist of?

Answer 2

• Criminal law falls under public law, as you are committing a crime against the state
• Constitutional law: issues relating to the British Constitution
• Administrative law: civil issues between individual and state

Question 3

What does Private law consist of

Answer 3

• Civil law
• Contract law
• Tort law
• Property law

Question 4

Criminal law

Answer 4

• regarded as a crime against the state
• cases involve a defendant and a prosecutor
• the prosecutor must move the facts of a case beyond a reasonable doubt
• results in a verdict of guilty or not guilty

Question 5

Civil law

Answer 5

• the aggrieved person (the claimant) commences court action
• the other party is known as the defendant
• the claimant must prove their case of the balance of probabilities
• compensation or remedy provided to claimant if they win the case

Question 6

2 Types of legislation

Answer 6

• Primary legislation: Acts of Parliament
• Secondary legislation: law made by persons or bodies to whom Parliament has given law making powers

Question 7

Parliamentary sovereignty

Answer 7

• This means that Parliament is sovereign and has the power to change any laws
• Has an unwritten constitution

Question 8

Stages of an act being passed in Parliament

Answer 8

1. First reading: bill read out in House of Commons (normally starts here)
2. Second reading: bill debated and MP’s take a vote on whether bill should pass to next stage
3. Committe stage: bill examined and discussed in more detail, amendments could be passed
4. Report stage: committe reports back to the House, any amendment debated and voted upon
5. Third reading - Bill re-presented to the House. Final vote taken on whether to pass the Bill
6. Transfer to the HoL: similar processes to the HoC. May have to go back to HoC if another amendment
7. Royal assent - sent from the HoC, the monarch must consent & sign bill before it becomes law

Question 9

Parliament not in control of all legislation

Answer 9

• Parliament does not have time to pass all detailed laws
• It delegates power (via acts) to create detailed law to government department, local authorities. These include by-laws and orders in council
• Delegated body can only pass laws within the power given to them via the relevant act

Question 10

Advantages of Parliament delegating legislation

Answer 10

• saves parliament time
• more efficient than going through Parliament process
• easier to ament
• experts can be used where very technical detail required

Question 11

Disadvantages of delegated legislation

Answer 11

• parliament no longer in direct control of all legislation
• insufficient time given to consider issues
• excessive legislation may be passed
• might not be adequately publicised without Parliamentary involvement