Introduction To Legal System Flashcards

(9 cards)

1
Q

What is definition of law? ( 4)

A
  • principles and regulations
  • established by some authority
  • applicable to it people whether it in form of legislation
  • enforced by judicial decision
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2
Q

What is common law? ( 4)

A
  • NORMANS 1066
  • developed from local customs
  • introduced the system of precedent
  • the only remedy is damaged ( MONEY)
  • rigid and inflexible
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3
Q

What if equity? ( 3)

A
  1. Came after common law because common law is too harsh
  2. More flexible and fair
  3. Introduced new discrentinonary remedies ( injunction and specific performance )
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4
Q

What is 3 types of laws?

A
  1. Common and equity
  2. Private law ( civil law )
  3. Criminal law ( public law )
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5
Q

What are examples of private and public law

A

Private ( civil law )
- contract law
- family law
- copyrights
- compnay laws

Public law ( criminal law)
- criminal
- adminstrive
- social welfare law

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6
Q

What is county of appeal for civic cases and criminal cases two each

A

Civil
- county court and high court

Criminal
- magistrates court
- crown court

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7
Q

What is allocation of track system
- small claim track
- fast track
- main track

A

Small claim track ( 10,000 or less)

Fast track ( 10,000-25,000)

Main track ( over 25,000)

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8
Q

Updated : NEW THING
1. What is the only remedy for common law?
2. What is difference between criminal law and civil law?
3. What is r vs smith case? ( CRIMINAL CASE )
4. What is smith vs Adam case? ( civil case )
5. What do people do after someone files a claim in Civil case ( 4 steps)

  • BONUS ( WHO IS THE CLAIMANT AND WHO IS DEFENDANT )
A
  1. Damages = money
  2. Criminal law = action that the government says is wrong. They can take action against you. E.g murder or the fit

Civil law = disputes between two people
It’s a private law.

  1. R vs smith . Rex ( king ) or Regina ( queen) = the state vs smith = the person accused of the crime ( defendant)
    Prosecutor must prove a person is guilty beyond a resonable doubt. E.G CRIMINAL CASE
  2. Smith = the claimant ( person bringing the case ) . Adam’s = the defendant. ( person being sued ) . Claimant must prove their case on balance of probabilities.
    1. Claim form is sent 2. Other party must admit within 14 days. 3. File a defence within 28 days. 4. They can also file counter claim.

CLAIMANANT = PERSON BRINGING THE CASE
- DEFENDANT = PERSON BEING ACCUSED

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9
Q

PART 2 : FOR THE NEW LEARNING.
1. What does magistrates court, county court, crown court,high court, court of appeal, supereme court.
2. What is leapfrog?
3. How does bill ( proposed law ) become an actual law? ( first reading, second reading, commitee, report, third reading, House of Lords, royal assent
4. Type of dispute resolutions
1. Arbitration
2. Mediation
3. Conciliation
4. Tribunals

  1. Difference between courts and tribunals
    6 things
  2. Expert
  3. What is quicker
  4. Who is cheaper and expensive
  5. Is legal aid available
  6. What is formal and informal
  7. What follows past cases and what doesn’t.
A
  1. Magistrates court = deals with minor criminal cases
    Crown court = deals with major criminal cases
    County court = deals with civil cases
    High court = deals with complex big cases and higher civil cases
    Court of appeal = when someone disagrees with decision ( appeals)
    Supreme Court = highest court
  2. Leapfrog = when someone can jump from high court to supereme court ( skipping appeal)
  3. First reading = it introduced but there is no discussion, second reading = there is a debate amongst mps, commitee = mps examine the bill, report = commite reports back with any changes, third reading = final decision is done. House of Lords = they repeat process and suggest changes. Royal assent = king/queen approve the bill. It officially a law
  4. Arbitration = a decision made by an expert
    Mediation = both sides try come to agreement with help
    Conciliation = concillator gives advice and suggest what to do
    Tribunals = small courts for things.
  5. Expert :
    - court = not expert
    - tribunal = specialist
  6. Quicker
    -court = slower
    - tribunal = quicker
  7. Price
    - court = expensive
    - tribunal = cheaper
  8. Legal aid
    - court = legal aid is available
    - tribunal = it not available usually
  9. Formal
    Court - formal
    Tribunal = informal
  10. Cases
    Court = follows past cases
    Tribunal = does not follow cases.
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