Introduction Flashcards
(30 cards)
What is Law?
The rules set out and applied by the State in the administration of justice
Why do we need laws?
“Law regulates social conduct with a view to enabling people to live in a well-ordered society”
-S. Askey & I. McLeod
What are the rules of Law?
- Everyone is subject to the law
- The law should treat everyone equally
The United Kingdom of Great Britain and Northern Ireland (UK) consists of?
England (a country) Scotland (a country) Northern Ireland (a country) Wales (a principality)
Wales is a
Principality
England is a
Country
Scotland is a?
Country
Northern Ireland is a
Country
What is the English legal system?
The legal system for England and Wales
How is Law administered?
By state agencies :
Military
Police
Others
What are the branches of Law?
Civil Law
Criminal Law
What are the subtypes of Civil Law?
Contract Law Bo’ness Law Tort Law Medical Law Family Law Sports also Property Law Copyright Law Employment Law Succession Law
What is Civil Law?
Aims of pursuing a civil claim = remedies (e.g. money compensation)
Not concerned with punishment
If Dave Patel is suing Jane Johnson
Who is the claimant and who is the defendant?
Patel = claimant
Johnson= defendant
It’s always claimant vs defendant
Patel v Johnson
What is Criminal Law?
Relates to conduct that the State disapproves of
Aims to punish (e.g imprisonment)
Cases are brought by the State in the name of the Crown
Civil cases are reported as?
Claimant v defendant
Criminal cases are reported as?
Crown v Defendant/The Accused
If Jay Alan was charged for the murder of Alice Jones
R v Alan
R= Rex/Regina (Latin)
A trial has, for the English, the elements of?
A dramatic game
Where do English laws come from?
Statues
Case Law
What are Statues?
Acts of Parliament
Examples:
- Abortion Act 1967
- Children Act 1989
- Mental Capacity Act 2005
Parliament consists of?
- The House of Commons
- The House of Lords
- The Monarch
Statutes (Acts of Parliament) state?
- What is forbidden
Examples: Dangerous Dogs Act 1991, Human Reproductive Cloning Act 2001, Hunting Act 2004 - What is required
Examples: Communications Act 2003, Road Traffic Act 1988 - What is authorised
Examples: Marriage (Same Sex Couples) Act 2013, Anti-Terrorism, Crime and Security Act 2001
What does the Succession to the Crown Act 2013 state?
- Succession to the Crown not to depend on gender
2. Consent of Sovereign required to certain Royal Marriages
A person who (when the person marries) is one of the 6 persons next in the line of succession to the Crown must obtain the consent of Her Majesty before marrying. (subsection)
Where any such consent has been obtained, it must be?
(a) signified under the Great Seal of the United Kingdom
(b) declared in Council
(c) recorded in the books of the Privy Council