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Public Law > Revision > Flashcards

Revision Flashcards

1
Q

Maintains peace, safety, regulates relationships, protects human rights & liberties

A

LAW

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2
Q

Law must remain relevant to rule of law

A
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3
Q

Court of Exchequer

A

Dealing with royal finances

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4
Q

Court of common pleas

A

Ownership/ possession of land

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5
Q

Court of Kings Bench Division

A

Serious Crime

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6
Q

To pursue a claim, Claimant had to buy a…

A

Writ

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7
Q

Definition of a writ

A

Document with royal seal

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8
Q

4 facts about writs

A
  1. Rigid
  2. only parliament could issue new ones
  3. if not existing writ to cover issue then no case
  4. Each writ had fixed procedure
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9
Q

Decisions of Judges in higher courts are binding on lower

A
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10
Q

Do judges create law?

A

No, simply declare what law has always been

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11
Q

Definition of Statute

A

Act of parliament

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12
Q

Definition of Stare Decisis

A

Stand by what has been decided

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13
Q

Ratio Decidendi

A

Reason for decision

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14
Q

Obiter Dicta

A

Comments/ opinion that aren’t essential to a judges decision

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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

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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

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17
Q

Equity prevails over common law

A

Supplements common law

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18
Q

Equitable remedies are discretionary (so are common law)

A
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19
Q

Name the equitable remedies

A

Specific performance, Injunction, Declaration, rescission, rectification

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20
Q

Definition of injunction

A

mandatory - court orders a party to do something
prohibatory - refrain from doing something

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21
Q

Definition of Specific performance

A

Court compels a party to do something they had promised (contract)

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22
Q

Definition of Declaration

A

Legally binding statement by a court about legal rights, existence of facts, principle of law

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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

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24
Q

Definition of Rectification

A

Correcting of a document to reflect correct intention. if errors are too big this is unapplicable.

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25
Q

Primary legislation

A

Acts of parliament, royal assent received before becoming law

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26
Q

Secondary legislation

A

created by ministers under powers given to them by a PARENT ACT

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27
Q

Definition of Royal Assent

A

Formal approval by monarch

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28
Q

Acts of parliament can be divided into…

A

public and private

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29
Q

Secondary legislation is not subject to parliamentary scrutiny

A

Can only be accepted or rejected

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30
Q

Criminal court Standard of proof

A

Beyond reasonable doubt

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31
Q

Name as many facts about magistrates court…

A
  • 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
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32
Q

Name as many facts about Crown court…

A
  • Senior court of first instance
  • hears only sentenceable offences
  • trial usually involves juries
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33
Q

Route of an appeal from Mags…

A

Mags —> Crown —–> Appeal —-> Supreme ——> judicial committee

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34
Q

Appeals in the Mags

A

Convicted from Mags, Defendant can appeal to crown against sentence/ conviction.
Trial will be heard fresh (appealing conviction)
Sentence could be increased if unsuccessful

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35
Q

Appeals in Crown

A

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

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36
Q

Grounds to appeal sentence

A

Not justified by law, based on wrong evidence, irrelevant matters were taken in to account, misapplication/ failure to give weight to guidelines

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37
Q

Judicial committee of privvy council is final appeal

A

for both criminal and civil

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38
Q

CCRC

A

Criminal Case Review Commission

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39
Q

CCRC facts

A

responsible for reviewing alleged mis-carriages of justice
Power to send case back to court of appeal

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40
Q

Civil Court Standard of Proof

A

On the balance of probabilities

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41
Q

Small Claims

A

Less than £10,000

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42
Q

Fast-track

A

Maximum £20,000

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43
Q

Multi-track

A

over £100,000

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44
Q

DDJ

A

Deputy District Judge - most junior
SIT in COUNTY COURT

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45
Q

CJ

A

Circuit Judge - most seniorin county court

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46
Q

DJ

A

District judge in county court

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47
Q

Appeals of DDJ or DJ can be appealed and heard by a….

A

Circuit judge

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48
Q

Appeals of CJ can be appealed and heard by….

A

high court

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49
Q

Definition of Tribunal

A

Specialist judicial bodies dealing with regulatory and admin cases

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50
Q

First tier tribunals are known as…

A

Chambers

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51
Q

tribunal judges are legally qualified

A
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52
Q

tribunal members are not legally qualified

A
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53
Q

Definition of public enquiry

A

major investigations convened by gov. departments

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54
Q

Name the 4 senior courts

A

Supreme, Court of appeal, High & Crown

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55
Q

Coroner

A

investigates deaths that may not be due to natural causes

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56
Q

Facts about High court

A

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

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57
Q

Facts about Kings Bench

A

Predominantly Civil court
Judges usually deal with common law business
Tend to deal with more specialist matter

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58
Q

Facts about Administrative Court

A

Part of Kings bench
Civil & Criminal

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59
Q

Facts about Chancery Division

A

Largest for business and Property cases
Head is chancellor of high court

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60
Q

Facts about Family division

A

Can hear all cases relating to children
High Court judges hear appeals from family court

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61
Q

Court of Appeal judges are called:

A

Lord/Lady Justice [surname]

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62
Q

Supreme Court Judges are called:

A

Lord/Lade [surname]

63
Q

Cab bank rule

A

Barristers must accept any case referred to them by a solicitor providing it is within their expertise

64
Q

Court Usher

A

Responsible for making sure everyone involved is present and know what to do

65
Q

Judges are appointed by Judicial Appointment Committee

A
66
Q

Jury may aquit anyone

A
67
Q

Jury is made up of…

A

12 jurors

68
Q

Rules of Jury eligibility

A

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
Q

Jury ineligibility

A

Current & retired judges and magistrates
Police, Barristers & Solicitors - persons involved in admin of law
Clergy (religious)
Mentally disordered

70
Q

Jury disqualification

A

Person sentenced 5+ years - disqualified for life
Person sentenced less than 5 years - disqualified for 10 years
persons on bail

71
Q

Facts about Magistrates/ lay magistrates/ justices of peace

A

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
Q

Definition of Constitutional Conventions

A

A code of rules

73
Q

Bill of rights - key point

A

monarch unable to overrule act of parliament

74
Q

UK CONSTITUTIONAL COVENTION IS UNCODIFIED

A
75
Q

monarch is largely symbolic - no personal power

A
76
Q

Remaining prerogative powers

A

Summon & prorouge parliament
Give pardons
Issue passports
Mobilise armed forces & declare war
Negotiate treaties

77
Q

Name the Separation of powers

A

Judiciary, legislature, Executive

78
Q

Definition of Legislature

A

enacts new law, repeals/ amends law (House of commons & Lords)

79
Q

Definition of Executive

A

Formulate & implement policy (Prime minister & Cabinet)

80
Q

Definition of Judiciary

A

Judges

81
Q

What is the primary source of constitutional law?

A

Acts of parliament (not all are constitutional)

82
Q

Definition of Ministerial Responsibility:

A

How ministers should act if there has been a significant problem/ failing

83
Q

House of commons

A

Responsible for making decisions on public finances

84
Q

House of Lords

A

may scrutinise & make amendments to general legislation approved by house of commons

85
Q

Two broad committee types in parliament

A

Select committees & Legislative committees

86
Q

House of Commons Select committee

A

Focus on scrutinising government departments

87
Q

House of Lords Select Committee

A

Focus on more broad thematic scrutiny in:
Europe, science & tech, economics, communications, UK constitution, international relations

88
Q

Select committees provide parliament with a way of increasing its capacity to scrutinise

A
89
Q

Purpose of cabinet office

A

Support PM and ensure civil service helps government attain its policy goals

90
Q

Privvy Council facts

A

advises monarch on the exercise of royal prerogative

91
Q

Name of the rules formalised by Privvy Council

A

Orders in Council

92
Q

Cabinet is the body of senior ministers

A
93
Q

Cabinet is compromised of:

A

Secretaries of state from each department, lord chancellor, chief secretary, leader of house of commons

94
Q

Collective ministerial responsibility

A

Each government minister is bound collectively by the decisions of the cabinet

95
Q

Collective ministerial responsibilities twin convention is…

A

individual ministerial responsibility

96
Q

IMR convention

A

requirement for resignation has become weaker and need to keep parliament informed stronger

97
Q

Ministerial Code

A

sets out principles underpinning the standards of conduct expected by ministers.
unenforceable set of rules.

98
Q

Ministerial code covers…

A

conduct of ministers
principle of collective responsibility
proper and transparent engagement with parliament
Avoid conflict of interest
proper use of government resources

99
Q

When is ministerial code updated

A

usually when a new Prime minister takes office

100
Q

Definition of civil service

A

Supports the government of the day to develop and implement its policies.

101
Q

Main constitutional principles of the civil service

A

Permanence
Political Neutrality
Anonymity

102
Q

Core values of the civil service code

A

Integrity, Honesty, Objectivity, impartiality

103
Q

Judges develop the law, they DO NOT

A

MAKE THE LAW ( making of the law by judges will be seen as judicial activism)

104
Q

Parliament can make or unmake any law

A
105
Q

Parliamentary systems are often a fusion of powers rather than…

A

a separation of powers

106
Q

Executive and legislature can be described as a system of…

A

Checks and balances

107
Q

Three Levels of delegation

A

no scrutiny, negative instruments, positive instruments

108
Q

Negative instruments definition

A

can become law without a debate or vote in parliament

109
Q

Positive instruments definition

A

most important delegations are subject to affirmative resolution

110
Q

Attorney General

A

sits in cabinet as chief legal advisor to the government (can be seen as a political role)

111
Q

Judges are immune from legal proceedings for actions that would otherwise be tortious

A

For example: Defamation

112
Q

Purpose of judicial review:

A

Prevent abuse of power by executive
Uphold individual rights

113
Q

The legal mechanism for challenging delegated legislation is…

A

Judicial review

114
Q

Injunctions can be granted against executive officers even if acting in their official capacity

A
114
Q

Judiciary is independent from the…

A

Government

115
Q

Government must respect and act within the confines of the law

A
116
Q

Is the judiciary independent?

A

Yes

117
Q

Prerogative powers were historically owned and exercised personally by….

A

The Monarch

118
Q

The UK was a ?? monarchy and has developed in to a ?? monarch

A

Absolutist & Constitutional

119
Q

Executive prerogative powers

A

Foreign affairs, armed forces & judicial (mercy)

120
Q

Is prerogative power enforceable?

A

Yes, because it is recognised and accepted by the courts through common law

121
Q

What principle is responsible for determining the relationship between statutory power and prerogative power?

A

De Keyser

122
Q

GCHQ explores the manner that the PM is to carry out their prerogative power

A
123
Q

Parliamentary sovereignty

A

Parliament can create or end ANY law

124
Q

lay magistrate (lay panel)

A

advised by court clerk, not legally trained and only asked to find facts

125
Q

judicial assistant

A

judges PA (essentially)

126
Q

Ministerial Responsibility

A

can be forced to resign under exceptional circumstances.

127
Q

devolution

A

transfer of power from central gov (London) to sub national authorities (Wales/Scotland)

128
Q

De Keyser principle

A

prerogative powers can be limited by statute express wording

129
Q

parliamentary sovereignty

A

make own laws, not governed by anything else.
no party above to prevent things

130
Q
A
131
Q

Where a case has been appealed to a higher court and the higher court disagrees with the lower court the decision is described as..

A

Being reversed

132
Q

Appeal from a DJ will usually go to a circuit judge

A
133
Q

Legal advisor

A

Qualified people who advise lay magistrates

134
Q

Proper relationship between judge and jury is

A

Judge should advise the jury on relevant legal principles and rules applying to the case before them

135
Q

Following event that is generally regarded as turning point of UK constitutional history

A

Glorious revolution

136
Q

UKs head of state

A

Monarch

137
Q

Process where legality of actions or policies carried out by governmental bodies is determined

A

Judicial review

138
Q

Gov powers come mainly from statute but some from royal prerogative

A
139
Q

Who has ultimate say on whether a minister should be dismissed over any breach of the code

A

The prime minister

140
Q

Individual ministerial responsibility creates an obligation on ministers to be accountable over policy matters where they are closely connected

A
141
Q

Parliamentary sovereignty…No parliament may be bound by a predecessor or may bind a successor

A
142
Q

No person or body may question the validity of an enactment of parliament

A
143
Q

Parliament can pass legislation that affects or alters part of the constitution

A
144
Q

Express repeal

A

Occurs when legislation is passed that expressly states an intention in a previous act is to be replaced

145
Q

Implied repeal

A

An act that is partially or wholly inconsistent with a previous act. Terms of the later act are usually applied

146
Q

Uk courts are unable to quash or invalidate primary legislation

A
147
Q

Enrolled bill rule

A

If a bill has been enrolled (became an act of parliament) it’s impossible to go behind that

148
Q

Key points of Dicey’s theory re parliamentary sovereignty

A

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
Q

Uk is a dualist state

A

Distinction between the two sources of law

150
Q

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?

A

Overruled the precedent

151
Q

Leap frog process will be possible if public importance is relevant (NHS/police etc.)

A
152
Q

Statute contains an open list so will be interpreted

A

Ejusdem generis

Public Law (1 decks)

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