Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

L4 Public Law 1 > Sources of Law > Flashcards

Sources of Law Flashcards

(66 cards)

Start Studying
1
Q

What is a working definition of law?

A

The system of rules which a particular country or community recognises as regulating the actions of its members, and which it may enforce by the imposition of penalties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are some functions of law?

A
  • Maintains peace and safety in society
  • Regulates relationships between individuals and legal entities
  • Protects human rights and liberties
  • Ensures smooth running of economic and political activities
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How must law reflect societal changes?

A

It must develop in line with societal changes to remain relevant to those living under the ‘rule of law’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the broad periods of legal development in England and Wales?

A
  • Pre-1066: Locally based systems and customs of Anglo-Saxon society
  • 1066-1485: Formation of common law
  • 1485-1870s: Development of equity
  • 1870s to present: Joint jurisdiction for common law and equity, growth of statute law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who was the central figure in the administration of justice following the Norman Conquest?

A

The King.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the role of the Curia Regis?

A

It served as an itinerant court allowing the monarch to exercise ‘High Justice’ in important cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What was required by the Magna Carta in 1215?

A

The establishment of a fixed King’s Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What were the three courts that developed from the King’s Council?

A
  • Court of Exchequer: dealing with royal finances
  • Court of Common Pleas: dealing with ownership and possession of land
  • Court of King’s Bench: dealing with serious criminal matters
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What was the function of the Assize Courts?

A

Initially had jurisdiction only over criminal matters, later extended to civil matters.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does ‘common law’ refer to historically?

A

The law as applied by the King’s judges as opposed to local customary courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the significance of the writ system in common law?

A

Claimants needed to purchase a writ from the Chancellor to pursue a claim in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fill in the blank: The common law developed by the King’s Courts was a _______ system.

A

[procedural]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What was a major limitation of the writ system?

A

The forms of writs became fixed, limiting access to the courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are some types of writs and their functions?

A
  • Writ of right: Recovery of land
  • Debt: Recovery of fixed sum
  • Damages: Money compensation
  • Detinue: Return of chattel
  • Covenant: Breach of promise
  • Trespass: Against persons, goods or land
  • Case: Remedy where no current action
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

True or False: The common law system was designed primarily to resolve disputes in a just way.

A

False.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What issues encouraged the emergence of the law of equity?

A
  • Rigidity of common law processes
  • Limited remedies available under common law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does the term ‘common law’ distinguish in the context of legal systems?

A
  • Law applied by King’s Courts vs local customary law
  • King’s Courts vs rules of Equity
  • Case law vs statute law
  • Common law countries vs civil law countries
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What did the King’s Courts become essential for?

A

The resolution of disputes between citizens.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What was the impact of the expansion of the King’s Courts?

A

It was recognised as supreme over local courts by the time of Edward I (1272-1307).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does the common law’s rigidity exemplify?

A

How it became bound by complex and restrictive procedures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What legal remedies have evolved from earlier forms of relief?

A

Damages and other forms of legal remedies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is case law?

A

The decisions of courts and tribunals as a source of law in England and Wales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How are ‘case law’ and ‘common law’ related?

A

‘Case law’ is often used interchangeably with ‘common law’, which refers to law decided by judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the role of precedent in common law?

A

Decisions of higher courts are ‘binding’ on lower courts, requiring them to follow established principles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What do judges do in the UK legal system?
Judges decide cases based on evidence and applicable law, and issue judgments
26
What is the difference between binding and persuasive precedent?
Binding precedent must be followed; persuasive precedent may be considered but is not required to be followed
27
What does 'stare decisis' mean?
It means 'stand by what has been decided', a doctrine of binding precedent in the English legal system
28
Define 'ratio decidendi'
'Ratio decidendi' means 'reason for the decision' and is the binding part of a judgment
29
What is 'obiter dictum'?
'Obiter dictum' refers to comments made by a judge that are not necessary for the decision and are not binding
30
What are the three exceptions for the Court of Appeal's departure from precedent?
* Conflicting decisions * Overruled by the Supreme Court * Made per incuriam
31
What does it mean to 'distinguish' a precedent?
To find a difference in material facts between cases allowing a court to avoid following a precedent
32
What is the significance of the Practice Statement (Judicial Precedent) 1966?
It allowed the House of Lords to depart from its own precedents under certain circumstances
33
What is meant by a judgment being 'reversed'?
A higher court disagrees with a lower court upon appeal, but does not negate the precedent
34
What is a judgment that is 'overruled'?
When a superior court decides an original precedent is wrong and sets a new precedent
35
What constitutes a binding part of a judgment?
The ratio decidendi and the court's decision on remedy for the parties involved
36
What is the role of the Supreme Court regarding its own precedents?
It binds all inferior courts but may depart from its own decisions under certain conditions
37
True or False: Obiter dicta are considered binding in future cases.
False
38
Fill in the blank: The part of a judgment establishing a principle applicable to other cases is called the _______.
ratio
39
What is the potential problem of a system based on precedent?
Ossification of the law, making it rigid and difficult to modernize
40
What does 'per incuriam' mean in the context of legal decisions?
A previous decision was made without awareness of a relevant authority affecting its reasoning
41
What is the significance of the material facts in a case?
The decision of the court depends on these facts; if they change, the decision might also change.
42
What is equity?
The body of principles and rules administered by the Court of Chancery before the Judicature Acts 1873-1875. ## Footnote Equity serves to address issues where common law may not provide sufficient relief.
43
What historical role did the King play in the context of equity?
The King was known as the 'fount of all justice' and part of his coronation oath included 'to do equal and right justice and discretion in mercy and truth'. ## Footnote Aggrieved litigants petitioned the King to address their grievances.
44
Who was responsible for deciding petitions in equity during the medieval period?
The Chancellor, who was seen as the 'keeper of the King’s conscience'.
45
What was the Court of Chancery?
A court that dealt with petitions for equity and was presided over by the Lord Chancellor.
46
What is the origin of the law of trusts related to?
The need for landowners going on crusades to have someone manage their estates in their absence.
47
Why did the common law courts not recognize the rights of the original landowner?
Because the original landowner had no legal title and thus no standing or interest in the King's Courts.
48
What did the Chancellor do regarding the rights of the original landowner?
The Chancellor intervened in equity, compelling the recipient of the estate to hold the land for the benefit of the original landowner and his family.
49
What is a key feature of equity?
Its greater flexibility compared to the strict rules of common law.
50
What is the relationship between equity and common law?
Equity supplements common law and does not supplant it, as expressed in the maxim 'equity follows the law'.
51
What significant event highlighted the conflict between equity and common law?
The Earl of Oxford’s Case (1615) where King James I ruled that equity should prevail in cases of conflict.
52
What did the Judicature Acts 1873-1875 accomplish?
They abolished the division between the common law courts and the Court of Chancery, creating a single High Court and Court of Appeal.
53
What remains crucial despite the fusion of common law and equity?
The conceptual distinction between common law (legal) rights and equitable (or beneficial) rights.
54
What are equitable remedies characterized by?
They are discretionary in nature, unlike common law damages which are available as of right.
55
What is specific performance?
An order by the court to compel a party to perform something they have promised to do under a contractual agreement.
56
When is specific performance available?
Only where there is a valid and enforceable contract and damages would not be an adequate remedy for the claimant.
57
What is an injunction?
An order that requires a party to either do something (mandatory) or refrain from doing something (prohibitory).
58
What must be demonstrated to obtain an injunction?
That damages would not adequately compensate the claimant.
59
What is a declaration in legal terms?
A legally binding statement by a court about the legal rights of the parties, the existence of facts, or a principle of law.
60
What is rescission?
The setting aside of a contract, available at common law and in equity.
61
Under what circumstances can rescission be granted?
Due to misrepresentation, mistake, duress, or undue influence.
62
What is rectification?
The equitable remedy that corrects a document to reflect the parties' contractual intention.
63
What is the main purpose of rectification?
To correct mistakes made in recording agreements in written contracts.
64
What governs the application of equitable principles and remedies?
So-called 'maxims of equity'.
65
Is it common for a claim for a declaration to be made alone?
No, it is generally sought in addition to other types of relief.
66
Fill in the blank: Equitable remedies are awarded only if _______.
damages would not be an adequate remedy.

L4 Public Law 1 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions