Structure of the Legal System Flashcards
(15 cards)
What’s the main point of Civil Law?
Settle disputes between individuals.
How is a Civil Law case considered?
On the balance of probabilities.
Who are the main parties of a civil case?
- Plaintiff (claimant) and defendant
- Appellant and respondant
What is awarded in a Civil case?
Damages or equitable remedy
What’s the main point of criminal law?
To punish when a wrong has been done to society.
Who are the main parties in a criminal case?
Prosecutor and accused.
How is a criminal law case considered?
Beyond all reasonable doubt.
What remedy arose as a result of common law?
Damages
What is a limitation of common law?
The need for alternative remedies: equity.
What is Obiter Dicta?
Statements made by a judge in court that may be used as guidance, but not binding on future courts.
Things said by the way.
What is Ratio Decidendi?
The binding legal principle on which a judge’s decision is based.
The reason for the decision.
What are the main remedies of Equity law?
- Specific performance (just do it)
- Injunction (Stop it)
- Rescission (turn back time to previous position)
- Rectification (Fixing a wrong)
What is Chancellor’s Court?
Court of Equity.
What takes priority in conflict between common and equity law?
Equity
When is Ratio Decidendi not binding?
- Reversing (higher court reversed lower court decision on same case)
- Overruling (higher court overrules decision on different case)
- Distinguishing (court avoids precedent by distinguishing differences)
- If too obscure
- Made without care (per incuriam)
- Conflicts with basic principles of law
- If made in inferior court
