Introduction To Legal System Flashcards
(9 cards)
What is definition of law? ( 4)
- principles and regulations
- established by some authority
- applicable to it people whether it in form of legislation
- enforced by judicial decision
What is common law? ( 4)
- NORMANS 1066
- developed from local customs
- introduced the system of precedent
- the only remedy is damaged ( MONEY)
- rigid and inflexible
What if equity? ( 3)
- Came after common law because common law is too harsh
- More flexible and fair
- Introduced new discrentinonary remedies ( injunction and specific performance )
What is 3 types of laws?
- Common and equity
- Private law ( civil law )
- Criminal law ( public law )
What are examples of private and public law
Private ( civil law )
- contract law
- family law
- copyrights
- compnay laws
Public law ( criminal law)
- criminal
- adminstrive
- social welfare law
What is county of appeal for civic cases and criminal cases two each
Civil
- county court and high court
Criminal
- magistrates court
- crown court
What is allocation of track system
- small claim track
- fast track
- main track
Small claim track ( 10,000 or less)
Fast track ( 10,000-25,000)
Main track ( over 25,000)
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 )
- Damages = money
- 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.
- 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 - Smith = the claimant ( person bringing the case ) . Adam’s = the defendant. ( person being sued ) . Claimant must prove their case on balance of probabilities.
- 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
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
- Difference between courts and tribunals
6 things - Expert
- What is quicker
- Who is cheaper and expensive
- Is legal aid available
- What is formal and informal
- What follows past cases and what doesn’t.
- 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 - Leapfrog = when someone can jump from high court to supereme court ( skipping appeal)
- 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
- 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. - Expert :
- court = not expert
- tribunal = specialist - Quicker
-court = slower
- tribunal = quicker - Price
- court = expensive
- tribunal = cheaper - Legal aid
- court = legal aid is available
- tribunal = it not available usually - Formal
Court - formal
Tribunal = informal - Cases
Court = follows past cases
Tribunal = does not follow cases.