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Introduction To Paralegal > Types of Law > Flashcards

Types of Law Flashcards

1
Q

What is Criminal Law?

A

Those that forbid certain behaviours under threat of punishment or penalty.

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2
Q

What are Civil Wrongs?

A

Civil Wrongs: Those requiring some compensation to be paid by those who may cause damage or loss to others by infringing on their legal rights. Including Torts and breaches of contract.

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3
Q

What are Procedural Laws?

A

Those that specify what must be done in order to bring about a certain event which is recognised in law - such as legal marriage - then certain formalities prescribed by the law have to be gone through.

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4
Q

What type of Law is known as Adjective Law?

A

Procedural Laws

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5
Q

What types of Laws are known as Substantive Law?

A

Criminal Law
Civil Wrongs

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6
Q

Examples of Private (Civil) Law

A
  • Contract
  • Tort
  • Wills and Trusts
  • Matrimonial/Family Law
  • Succession
  • Conveyancing
  • Land Law
  • Company Law
  • Revenue Law
  • Landlord and Tenant
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7
Q

Examples of Public Law

A
  • Criminal Law
  • Constitutional Law
  • Administrative Law
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8
Q

What is Public International Law?

A

Rules of Law which govern how countries act in relation to one another.

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9
Q

What is Municipal Law?

A

The area of law applicable to the individual state.

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10
Q

What is Public Law?

A

The law the governs relationships between individual and the State itself, and the laws that decide how the state itself operates.

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10
Q

What is Private Law?

A

The law the governs the relationship of individuals to each other.

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11
Q

What is Constitutional Law?

A

Specialised areas of law, in which the country is run and the powers of, and relationships between, the State, the Crown, Parliament etc.

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12
Q

What is a Crime?

A

A crime is basically a wrong committed against the State, or to be more precise, against society as a whole.

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13
Q

What does Civil Law Handle?

A

It constitutes of legal wrongs between individuals on a personal basis.

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14
Q

What is the Law of Contract?

A

The rules determining whether a promise or set of promises made between two or more parties can be enforced in law.

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15
Q

What is the Law of Tort?

A

Rules which impose legal obligations an remedies for those who suffer as a result of a breach of those obligation.

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16
Q

What are Some Examples of Torts?

A
  • Negligence
  • Nuisance
  • Trespass to Land
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17
Q

Where would a Civil Action be Brought.

A

Civil Court - either a County Court or the High Court depending on the amount of damages claimed.

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18
Q

Where would a Criminal Action be Brought?

A

Criminal Court - either a Magistrates Court or a Crown Court.

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18
Q

Define Negligence

A

Failure to do something that a “reasonable person” would do.
Or doing something that a reasonable personable would not do.

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19
Q

What is Administrative Law?

A

Law relating to welfare benefits systems, other procedural law, and agents that administer them.

19
Q

Define Nuisance

A

Interference with others’ use or enjoyment of their land or their rights over land.

19
Q

What is Land Law?

A

Rights, Duties, Obligations and Responsibilities in connecting with Buying, Selling and Owning Land.

20
Q

What is Family Law?

A

Relative new area of law. Includes; marriage certificates, divorces, custody etc.

20
Q

What is Succession Law?

A

Deals with the allocation of land and other property once a person dies. Including ones where the deceased did not make a will.

21
Q

What are the main systems of law in the world?

A
  • The Common Law
  • Roman Law
  • Absence of Codification
  • The Doctrine of Judicial Precedent
  • Equity
21
Q

What is the Doctrine of Judicial Precedent?

A

It provides a judge is bound to apply rules of law that have been decided in earlier court cases, where the facts are sufficiently similar and the previous court is of a superior status.

22
Q

What are the four Prerogative Writs?

A
  • Prohibition
  • Mandamus
  • Certiorari
  • Habeas Corpus
23
Q

Define the Prohibition Writ.

A

Prohibiting a court, official, department etc from exceeding their jurisdiction.

24
Q

Define the Mandamus Writ.

A

Commanding the performance of a positive duty.

25
Q

Define the Certiorari Writ.

A

Commanding an inferior court, for example, to bring a matter before the Court of the King’s-Bench for it’s review

26
Q

Define the Habeas Corpus Writ.

A

Commanding the presence before court for anyone held in imprisonment to see whether such imprisonment is lawful.

27
Q

What are the Prerogative Writs now called?

A

Administrative Order - the hearing of which takes place in the Administrative Court of the High Court of Justice.

28
Q

What does subpoena mean?

A

Under threat of punishment.

29
Q

What did the Court of Chancery deal with.

A

It deals with matters where the common law provided no remedy, or where, although a remedy was available, it was either insufficient or not forthcoming in a particular case.

30
Q

What did King James I order in regards to conflict between common law and equity?

A

Where there is conflict between common law and equity, then equity should prevail

31
Q

What are 4 other remedies the Court of Chancery created that are still used today?

A
  • An Injunction
  • Specific Performance
  • Rectification
  • Recission
32
Q

What is a prohibitory injunction?

A

An order restraining the performance of an act.

33
Q

What is a mandatory injunction?

A

An order compelling the performance of an act

34
Q

What does the Specific Performance remedy involve?

A

An order compelling a person to perform their part of the contract or their obligations under a trust.

35
Q

What does a Rectification remedy involve?

A

An order altering the provisions of contact so that it reflects the true intention of the parties.

36
Q

What does a Recission remedy involve?

A

An order terminating a contract and restoring the parties so their pre-contract positions.

37
Q

What are the Maxims of Equity?

A

1) He who seeks equity, must do equity.
2) Equity does not suffer a wrong to be without a remedy.
3) He who comes to equity must come with clean hands.
4) Equity looks to the intent, rather than the form.
5) Equity is Equitable
6) Delay defeats equitable.

38
Q

Define “He who seeks equity, must do equitable”

A

A person who seeks equitable relief must act fairly towards his opponent - for example, a person who wishes to exercise his equitable right to redeem a mortgage must give reasonable notice of his intention.

39
Q

Define “Equity does not suffer a wrong to be without a remedy”

A

This describes the role of equity in complementing in the common law. If the common law cannot provide a remedy for a (civil) wrong, then equity will provide one.

40
Q

Define “He who comes to equity must come with clean hands”

A

Not only must a plaintiff “do” equity, he must have acted properly in the past dealings with the defendant. See case D&C Builders -v- Rees (1965)

41
Q

Define “Equity looks to the intent, rather than the form”

A

This indicates that the equity will look beyond the absence of of legal formalities and recognises what the parties meant.

42
Q

Define “Equity is Equitable”

A

This means “You can’t have your cake and eat it too!” - For example equity will not allow the equitable remedy of specific performance to be invoked against a minor (because the minor is under disability of youth) so, it will now allow a minor to claim the benefit of this remedy.

43
Q

Define “Delay defeats equitable”

A

If a party delays in bringing in an action then an equitable remedy will not be available. The reason is that the longer the time the cause of actions and the remedy sought, the more difficult it is to reinstate the position that they were prior to the dispute.

44
Q
A

Introduction To Paralegal (8 decks)

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