Revision Flashcards
(153 cards)
1
Q
Maintains peace, safety, regulates relationships, protects human rights & liberties
A
LAW
2
Q
Law must remain relevant to rule of law
A
3
Q
Court of Exchequer
A
Dealing with royal finances
4
Q
Court of common pleas
A
Ownership/ possession of land
5
Q
Court of Kings Bench Division
A
Serious Crime
6
Q
To pursue a claim, Claimant had to buy a…
A
Writ
7
Q
Definition of a writ
A
Document with royal seal
8
Q
4 facts about writs
A
- Rigid
- only parliament could issue new ones
- if not existing writ to cover issue then no case
- Each writ had fixed procedure
9
Q
Decisions of Judges in higher courts are binding on lower
A
10
Q
Do judges create law?
A
No, simply declare what law has always been
11
Q
Definition of Statute
A
Act of parliament
12
Q
Definition of Stare Decisis
A
Stand by what has been decided
13
Q
Ratio Decidendi
A
Reason for decision
14
Q
Obiter Dicta
A
Comments/ opinion that aren’t essential to a judges decision
15
Q
Judgment can be reversed if case is appealed & higher court disagrees with a lower court
A
Doesn’t negate precedent, higher court just didn’t apply law in same way
16
Q
Precedent is overruled if superior court decides precedent SET in a past case is wrong
A
original precedent is classed as no longer GOOD LAW
17
Q
Equity prevails over common law
A
Supplements common law
18
Q
Equitable remedies are discretionary (so are common law)
A
19
Q
Name the equitable remedies
A
Specific performance, Injunction, Declaration, rescission, rectification
20
Q
Definition of injunction
A
mandatory - court orders a party to do something
prohibatory - refrain from doing something
21
Q
Definition of Specific performance
A
Court compels a party to do something they had promised (contract)
22
Q
Definition of Declaration
A
Legally binding statement by a court about legal rights, existence of facts, principle of law
23
Q
Definition of Rescission
A
Setting aside of a contract where there is misrep, mistake, duress, undue.
Parties must be able to return to pre-contractual position
24
Q
Definition of Rectification
A
Correcting of a document to reflect correct intention. if errors are too big this is unapplicable.
25
Primary legislation
Acts of parliament, royal assent received before becoming law
26
Secondary legislation
created by ministers under powers given to them by a PARENT ACT
27
Definition of Royal Assent
Formal approval by monarch
28
Acts of parliament can be divided into...
public and private
29
Secondary legislation is not subject to parliamentary scrutiny
Can only be accepted or rejected
30
Criminal court Standard of proof
Beyond reasonable doubt
31
Name as many facts about magistrates court...
- Lowest level of criminal court
- tries all low-range & mid range offences
- can only give fines / max 6 month sentence
- if unable to dispose will commit to crown
- Doesnt create precedent
32
Name as many facts about Crown court...
- Senior court of first instance
- hears only sentenceable offences
- trial usually involves juries
33
Route of an appeal from Mags...
Mags ---> Crown -----> Appeal ----> Supreme ------> judicial committee
34
Appeals in the Mags
Convicted from Mags, Defendant can appeal to crown against sentence/ conviction.
Trial will be heard fresh (appealing conviction)
Sentence could be increased if unsuccessful
35
Appeals in Crown
Convicted from Crown, Defendant can appeal with PERMISSION from court of appeal
No automatic right
Must apply for permission to appeal
Court of appeal able to quash convictions
36
Grounds to appeal sentence
Not justified by law, based on wrong evidence, irrelevant matters were taken in to account, misapplication/ failure to give weight to guidelines
37
Judicial committee of privvy council is final appeal
for both criminal and civil
38
CCRC
Criminal Case Review Commission
39
CCRC facts
responsible for reviewing alleged mis-carriages of justice
Power to send case back to court of appeal
40
Civil Court Standard of Proof
On the balance of probabilities
41
Small Claims
Less than £10,000
42
Fast-track
Maximum £20,000
43
Multi-track
over £100,000
44
DDJ
Deputy District Judge - most junior
SIT in COUNTY COURT
45
CJ
Circuit Judge - most seniorin county court
46
DJ
District judge in county court
47
Appeals of DDJ or DJ can be appealed and heard by a....
Circuit judge
48
Appeals of CJ can be appealed and heard by....
high court
49
Definition of Tribunal
Specialist judicial bodies dealing with regulatory and admin cases
50
First tier tribunals are known as...
Chambers
51
tribunal judges are legally qualified
52
tribunal members are not legally qualified
53
Definition of public enquiry
major investigations convened by gov. departments
54
Name the 4 senior courts
Supreme, Court of appeal, High & Crown
55
Coroner
investigates deaths that may not be due to natural causes
56
Facts about High court
Part of supreme court, judges of HC sit at royal courts of justice
Judges of HC nominally appointed by monarch
Three divisions:
1. Kings bench
2. Chancery
3. Family
57
Facts about Kings Bench
Predominantly Civil court
Judges usually deal with common law business
Tend to deal with more specialist matter
58
Facts about Administrative Court
Part of Kings bench
Civil & Criminal
59
Facts about Chancery Division
Largest for business and Property cases
Head is chancellor of high court
60
Facts about Family division
Can hear all cases relating to children
High Court judges hear appeals from family court
61
Court of Appeal judges are called:
Lord/Lady Justice [surname]
62
Supreme Court Judges are called:
Lord/Lade [surname]
63
Cab bank rule
Barristers must accept any case referred to them by a solicitor providing it is within their expertise
64
Court Usher
Responsible for making sure everyone involved is present and know what to do
65
Judges are appointed by Judicial Appointment Committee
66
Jury may aquit anyone
67
Jury is made up of...
12 jurors
68
Rules of Jury eligibility
Registered as an elector
Aged between 18 & 75
Ordinary resident of UK, Channel Islands, Isle of Man for 5 years from age of 13
69
Jury ineligibility
Current & retired judges and magistrates
Police, Barristers & Solicitors - persons involved in admin of law
Clergy (religious)
Mentally disordered
70
Jury disqualification
Person sentenced 5+ years - disqualified for life
Person sentenced less than 5 years - disqualified for 10 years
persons on bail
71
Facts about Magistrates/ lay magistrates/ justices of peace
Not required to be legally qualified
Volunteers
Supported by qualified lawyers
sit in panels known as benches
Appointed by lord Chancellor and approved by Lord Chief Justice
72
Definition of Constitutional Conventions
A code of rules
73
Bill of rights - key point
monarch unable to overrule act of parliament
74
UK CONSTITUTIONAL COVENTION IS UNCODIFIED
75
monarch is largely symbolic - no personal power
76
Remaining prerogative powers
Summon & prorouge parliament
Give pardons
Issue passports
Mobilise armed forces & declare war
Negotiate treaties
77
Name the Separation of powers
Judiciary, legislature, Executive
78
Definition of Legislature
enacts new law, repeals/ amends law (House of commons & Lords)
79
Definition of Executive
Formulate & implement policy (Prime minister & Cabinet)
80
Definition of Judiciary
Judges
81
What is the primary source of constitutional law?
Acts of parliament (not all are constitutional)
82
Definition of Ministerial Responsibility:
How ministers should act if there has been a significant problem/ failing
83
House of commons
Responsible for making decisions on public finances
84
House of Lords
may scrutinise & make amendments to general legislation approved by house of commons
85
Two broad committee types in parliament
Select committees & Legislative committees
86
House of Commons Select committee
Focus on scrutinising government departments
87
House of Lords Select Committee
Focus on more broad thematic scrutiny in:
Europe, science & tech, economics, communications, UK constitution, international relations
88
Select committees provide parliament with a way of increasing its capacity to scrutinise
89
Purpose of cabinet office
Support PM and ensure civil service helps government attain its policy goals
90
Privvy Council facts
advises monarch on the exercise of royal prerogative
91
Name of the rules formalised by Privvy Council
Orders in Council
92
Cabinet is the body of senior ministers
93
Cabinet is compromised of:
Secretaries of state from each department, lord chancellor, chief secretary, leader of house of commons
94
Collective ministerial responsibility
Each government minister is bound collectively by the decisions of the cabinet
95
Collective ministerial responsibilities twin convention is...
individual ministerial responsibility
96
IMR convention
requirement for resignation has become weaker and need to keep parliament informed stronger
97
Ministerial Code
sets out principles underpinning the standards of conduct expected by ministers.
unenforceable set of rules.
98
Ministerial code covers...
conduct of ministers
principle of collective responsibility
proper and transparent engagement with parliament
Avoid conflict of interest
proper use of government resources
99
When is ministerial code updated
usually when a new Prime minister takes office
100
Definition of civil service
Supports the government of the day to develop and implement its policies.
101
Main constitutional principles of the civil service
Permanence
Political Neutrality
Anonymity
102
Core values of the civil service code
Integrity, Honesty, Objectivity, impartiality
103
Judges develop the law, they DO NOT
MAKE THE LAW ( making of the law by judges will be seen as judicial activism)
104
Parliament can make or unmake any law
105
Parliamentary systems are often a fusion of powers rather than...
a separation of powers
106
Executive and legislature can be described as a system of...
Checks and balances
107
Three Levels of delegation
no scrutiny, negative instruments, positive instruments
108
Negative instruments definition
can become law without a debate or vote in parliament
109
Positive instruments definition
most important delegations are subject to affirmative resolution
110
Attorney General
sits in cabinet as chief legal advisor to the government (can be seen as a political role)
111
Judges are immune from legal proceedings for actions that would otherwise be tortious
For example: Defamation
112
Purpose of judicial review:
Prevent abuse of power by executive
Uphold individual rights
113
The legal mechanism for challenging delegated legislation is...
Judicial review
114
Injunctions can be granted against executive officers even if acting in their official capacity
114
Judiciary is independent from the...
Government
115
Government must respect and act within the confines of the law
116
Is the judiciary independent?
Yes
117
Prerogative powers were historically owned and exercised personally by....
The Monarch
118
The UK was a ?? monarchy and has developed in to a ?? monarch
Absolutist & Constitutional
119
Executive prerogative powers
Foreign affairs, armed forces & judicial (mercy)
120
Is prerogative power enforceable?
Yes, because it is recognised and accepted by the courts through common law
121
What principle is responsible for determining the relationship between statutory power and prerogative power?
De Keyser
122
GCHQ explores the manner that the PM is to carry out their prerogative power
123
Parliamentary sovereignty
Parliament can create or end ANY law
124
lay magistrate (lay panel)
advised by court clerk, not legally trained and only asked to find facts
125
judicial assistant
judges PA (essentially)
126
Ministerial Responsibility
can be forced to resign under exceptional circumstances.
127
devolution
transfer of power from central gov (London) to sub national authorities (Wales/Scotland)
128
De Keyser principle
prerogative powers can be limited by statute express wording
129
parliamentary sovereignty
make own laws, not governed by anything else.
no party above to prevent things
130
131
Where a case has been appealed to a higher court and the higher court disagrees with the lower court the decision is described as..
Being reversed
132
Appeal from a DJ will usually go to a circuit judge
133
Legal advisor
Qualified people who advise lay magistrates
134
Proper relationship between judge and jury is
Judge should advise the jury on relevant legal principles and rules applying to the case before them
135
Following event that is generally regarded as turning point of UK constitutional history
Glorious revolution
136
UKs head of state
Monarch
137
Process where legality of actions or policies carried out by governmental bodies is determined
Judicial review
138
Gov powers come mainly from statute but some from royal prerogative
139
Who has ultimate say on whether a minister should be dismissed over any breach of the code
The prime minister
140
Individual ministerial responsibility creates an obligation on ministers to be accountable over policy matters where they are closely connected
141
Parliamentary sovereignty…No parliament may be bound by a predecessor or may bind a successor
142
No person or body may question the validity of an enactment of parliament
143
Parliament can pass legislation that affects or alters part of the constitution
144
Express repeal
Occurs when legislation is passed that expressly states an intention in a previous act is to be replaced
145
Implied repeal
An act that is partially or wholly inconsistent with a previous act. Terms of the later act are usually applied
146
Uk courts are unable to quash or invalidate primary legislation
147
Enrolled bill rule
If a bill has been enrolled (became an act of parliament) it’s impossible to go behind that
148
Key points of Dicey’s theory re parliamentary sovereignty
Parliament is the supreme law making body
Inability of parliament to bind itself
Associated concept of implied repeal
Inability for anyone one to question and act of parliament
149
Uk is a dualist state
Distinction between the two sources of law
150
In a case being heard by the Supreme Court, the justices consider an old precedent established by the court of appeal to be wrongly decided and do not apply it to the case under consideration.
What has the court done?
Overruled the precedent
151
Leap frog process will be possible if public importance is relevant (NHS/police etc.)
152
Statute contains an open list so will be interpreted
Ejusdem generis
