The English Legal System - Types of Legal Systems

Question 1

What legal system does the UK have and what does it mean?

Answer 1

A common law system: ‘common to all men’ - greater flexibility than other systems as it can be current and move with culture and societal changes

Question 2

How is the law applied throughout the UK?

Answer 2

UK - England, Wales, Scotland and NI

Some law applies to whole of UK, some in specific countries.

Question 3

What is the doctrine of judicial precedent?

Answer 3

A set of rules established by judges when they reach their decision. Future cases with similar issues will follow these rules and decisions - becomes binding.

Question 4

What is a civil legal system?

Answer 4

A legal system prevalent in Europe that is characterised by its form of codification. Contrasted with the common law system.

Question 5

What is civil law?

Answer 5

Laws governing disputes between individuals, rather than offences that are public and relate to the government - civil law as opposed to criminal law.

Question 6

What is a common law legal system?

Answer 6

Common law issued in England, in other commonwealth countries, former colonies previously under British control and most of the USA

Relies on prior case law to resolve disputes rather than codes

Question 7

How does the English legal system work on a system of judicial precedent?

Answer 7

If something is decided in court, then that decision must be followed in later cases in lower courts if the same issue of law arises.

Latin “stare decisis” = “let the decision stand”

Question 8

What must be present for a system of judicial precedent to work?

Answer 8

• Identification of the binding parts of the judgement (legal principle established)
• An agreed hierarchy of the courts
• A system of law reporting

Question 9

Why does there need to be hierarchy of the courts?

Answer 9

Courts will bind itself and the courts below it. Cannot bind a court higher than you. Highest court binds everyone.

Question 10

What are the sources of UK law?

Answer 10

1) Legislation
2) Common law
3) European Union Law
4) European Convention on Human Rights

Question 11

What are the characteristics of case law?

Answer 11

• Oldest and largest part of UK law

- Introduced legislation which is law made by parliament

Question 12

What are the different types of legislation?

Answer 12

Statured/primary legislation - act of parliament

Local by-laws/secondary - introduced by devolved power

Question 13

What is legislation?

Answer 13

Law that is created by legislature. Most important pieces are Acts of Parliament

Question 14

Who is the principle legislature?

Answer 14

The UK parliament - based in London, only body that has the power to pass laws that apply in all 4 countries

Consists of the House of Commons and the House of Lords

Question 15

What is the difference between the House of Commons and the House of Lords?

Answer 15

HOC
- 650 MPs

HOL

• 800 peers: 600 appointed by the queen on the recommendation of the PM
• Other members: inherited aristocratic titles i.e Lord/Lady and senior bishops of the CofE

Question 16

How do the other UK countries pass laws?

Answer 16

The Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales have their own power to pass laws on devolved matters - only apply in the country of which they are passed

Question 17

How does European Union Law impact the UK?

Answer 17

UK remains bound by EU rules and law until the end of the transition period.

EU law takes precedence over UK where there is conflict of law

Statutory law takes precedence over case law

Question 18

What is the European Convention on Human Rights?

Answer 18

UK = member state of the council of Europe so is a signatory to the ECHR

Human Rights Act 1998 -.> enables all the courts in the UK to erect the rights identified in the ECHR

Question 19

How is UK law classified?

Answer 19

• Public law: relationship between individuals and the state
• Private law: relationship between individuals and private organisations
• Civil (between two private parties) vs Criminal (between individuals and the state)

Question 20

What does civil law cover?

Answer 20

• Contracts
• Negligence
• Family matters
• Employment
• Probate
• Land law

Question 21

What does criminal law cover (branch of public law)?

Answer 21

• Boundaries of acceptable conduct

If you break it, considered as committing an offence to society as a whole

Question 22

What does public law cover?

Answer 22

State and private individuals in non criminal matters

e. g Abused or neglected children as well as criminal issues
- State would take charge of those children

Question 23

How do you look at the citation of the case and decide what type of case it is?

Answer 23

Criminal = Regina (Queen) Rex (King). V (against). Hudson = name of the person being charged.

Civil = person bringing the action comes first in the citation.

Question 24

How do the purposes of criminal and civil law differ?

Answer 24

Criminal - preserving social order, punishing wrongdoers and deterring crime

Civil - compensation for suffering loss/injury due to the acts/omissions of another

Question 25

How do the outcomes of cases differ between criminal and civil law?

Answer 25

Criminal - innocent defendant acquitted, guilty defendant convicted, punishment given Civil - claimant either wins the case and is awarded a remedy or loses and is not awarded, sometimes to award damages - money lost or conjunctions - prevention of someone doing something

Question 26

What courts are involved in civil and criminal law?

Answer 26

Criminal - starts in the Magistrates Court and may progress to the Crown court Civil - starts in the County Court or the High Court

Question 27

What is the burden/standard of proof for criminal law?

Answer 27

- Prosecution must prove guilt beyond reasonable doubt - Deliberately set very high, have to prove case against - Any doubt means conviction cannot be made

Question 28

What is the burden/standard of proof for civil law?

Answer 28

- Claimant must prove case on a balance of probabilities - Burden is on you to prove they have caused the accident and damages - Threshold to satisfy that burden - balance of probabilities, court will weigh up the evidence, no significant weighting needed

Question 29

How is civil law enforced in England and Wales?

Answer 29

- Complete claim form and send to appropriate court - County court deals with claims involving less than £25,000 and for less than £50,000 involving a jury to person - High Court hears most high value cases - In both courts, each case is heard by a single judge

Question 30

What is an example of criminal law?

Answer 30

Murder, theft, sexual offences, drug offences, terrorist offences, motoring offences

Question 31

What is an example of civil law?

Answer 31

Breach of contract, defamation, negligence, divorce, family matters, employment disputes, landlord and tenant disputes, company law matters

Question 32

What happens in the crown court?

Answer 32

Judge: - Role is to ensure procedure rules are adhered to and rules applied - Power of sentencing - Cannot overturn jury decision, only overturned by successful appeal Jury: - Decides guilty or not - People from society selected at random - Obligation to attend jury service

Question 33

How is criminal law enforced in England and Wales?

Answer 33

- Contact police who conduct investigation - Arrest and interview - Charge - Report sent to Crown Prosecution Service - Criminal proceedings start if reasonable prospect of success - CPS bears burden of proving guilt

Question 34

How are minor offences dealt with?

Answer 34

- e.g Speeding, heard by Magistrates Court - Magistrates have no legal qualifications, advised by a clerk - qualified lawyer - Do not state reasons for their decisions

Question 35

How are indictable offences dealt with?

Answer 35

- e.g Murder, rape - heard in Crown Court - Jury of 12 people chosen at random - Decide without giving reason whether they are guilty - Usually unanimous, might decide that 11:1 or 10:2 is sufficient - Jury is advised about the law by the judge - Judge imposes sentence

Question 36

How are either way offences tried?

Answer 36

e.g Theft | In either Magistrates or Crown Court

Question 37

What are appellate courts?

Answer 37

Courts that only hear appeals from other courts. Decisions reached become precedents that must be followed by courts in all future cases Senior courts = Court of Appeal (civil and criminal division) and Supreme Court (appeals from CoA) CoA - cases heard by three Lord Justices of Appeal, gives decision with length speech Can be unanimous of 2:1

Question 38

When is permission to appeal the Supreme Court given and who hears them?

Answer 38

If a case raises a point of general public importance; SC hears civil appeals from entire UK and criminal from England Cases heard by 5, 7 or 9 of the 12 Justices of the SC = each gives speech, simply majority or unanimous decision needed

Question 39

What are tribunals?

Answer 39

Cases that usually won't enter the court system | - Hear appeals from decisions on: immigration, social security, child support, pensions, tax and lands

Question 40

What is Alternative Dispute Resolution (ADR)?

Answer 40

Court proceedings should be last resort. Courts encourage 1) Arbitration (common in business law) independent arbitrator decides on dispute, legally binding 2) Mediation - mediator facilitates negotiation, no decision imposed 3) Conciliation - proactive form of mediation, conciliator suggests solutions e.g ACAS 4) Ombudsmen - independent bodies created to oversea complaints within specific sectors of the market