Intro to Law Flashcards
(22 cards)
What is Common Law?
Law that is formed as a result of setting legal precedent (also known as judicial precedent and case law), developed by judges and the courts, not parliament.
What is statute law?
Law devised and managed by Acts passed by Parliament, supported by Regulations.
It creates procedures and rules for behavior that must be adhered to.
What are the six steps for a Statute to become an Act of Parliament?
- Start as a Bill
- First reading
- Second reading
- Committee stage
- Third reading
- Passed to the other house and receives Royal Assent
Examples include the Environmental Protection Act 1990 and Environment Act 2021.
What is civil law?
Law that establishes the rights of individuals and regulates relationships between individuals and organizations.
It allows individuals to take organizations to court over environmental concerns.
What does the burden of proof lie on in civil law?
The claimant.
This can lead to variations of environmental permits or licenses by a regulator.
What is criminal law?
Law that defines acceptable conduct and consequences for non-compliance, such as fines or imprisonment. For environmental law there does not have to be intent for a criminal offense
What is primary legislation in UK environmental law?
Acts of Parliament covering broad areas, such as the Climate Change Act 2008 and Environment Act 2021.
These are also known as statutes or enactments.
What is secondary legislation?
Regulations or statutory instruments providing technical instructions and standards.
An example is the Environmental Protection (Duty of Care) Regulations 1991.
What is tertiary legislation?
Guidance documents, circulars, and regulator policy documents aimed at supporting organizations.
These include PPGs (Planning Policy Guidance).
How is criminal law dealt with in the UK?
Through the Criminal Courts, with the prosecutor leading the case against the defendant.
The prosecutor is often the Environment Agency.
What happens if a defendant is found guilty in a criminal case?
They are convicted and may receive a penalty such as a fine, community sentence, or imprisonment.
What are Fixed Penalty Notices?
Less common penalties for minor breaches of law, issued by regulators.
An example is a breach of the duty of care for failing to complete a waste transfer note.
What are Enforcement Undertakings?
Agreements where the Environment Agency allows donations to environmental projects instead of prosecution.
The responsible party must demonstrate compliance and repair any harm.
What court deals with lesser cases and what is the typical penalty?
- The magistrates court
- typical cases include breaches of ‘Duty of Care’ for waste
- Offence refered to as summary conviction and would normally carry a penalty of up to £5000
What type of cases does the Crown Court handle and what is the typical penalty?
- Deals with ‘more serious’ criminal cases
- E.g. breach of the ‘Duty of Care’ for managing waste through deliberate and repeated fly tipping, or illegal proceeds from waste crime
- An offence dealt with in the Crown Court would be referred to as a conviction on indictment and carry a penalty of an unlimited fine and/or a prison sentence
What type of cases does the High Court deal with?
The most serious cases.
What are the divisions within the High Court?
Chancery Division, King’s Bench Division, Family Division.
Who can challenge government approaches in the High Court?
Organisations (typically environmental pressure groups) or individuals.
What is the final court of appeal in the UK for civil and criminal cases?
The Supreme Court - hears cases that will effect the whole population
What are some examples of common law?
- Flooding (under Nuisance Law)
- physical assault
- conspiracy to defraud
- murder
Name examples of acts of parliament that have gone through the six steps to become a statute
Environmental Protection Act 1990; Environment Act 2021
Where does the burden of proof lie for the enforcement of Criminal Law?
- Burden of proof lies on the crown, or a representative of the Crown (e.g. A regulator such as the EA)
