types of law Flashcards
(31 cards)
What are the two foundations of the English and Welsh legal systems?
Common law and statutory law.
What are the primary purposes of a legal system?
Regulate society, resolve disputes, and ensure justice.
Name the four key legal categories.
Case Law, Legislation, Civil Law, Criminal Law.
What is case law?
Law created through judicial decisions and interpretations.
What is the principle of stare decisis?
The doctrine that courts should follow precedents to ensure consistency.
What is a binding precedent?
A decision from a higher court that lower courts must follow.
What is a persuasive precedent?
A decision that can influence a court but is not obligatory to follow.
What legal concept was established in Donoghue v Stevenson (1932)?
The manufacturer’s duty of care—foundation of modern negligence law.
What is legislation?
Law created by Parliament (statutes) to address specific issues.
What are the stages of the legislative process?
Proposal → Debate/Approval → Royal Assent.
What happens during Royal Assent?
The Monarch gives final approval, making the bill law.
What is the focus of civil law?
Resolving disputes between private individuals/entities.
What is the goal of civil law?
Compensation, not punishment.
Give three examples of civil law cases.
Contract disputes, tort claims, family law.
What are damages in civil law?
Financial compensation for harm or loss.
What is an injunction?
A court order requiring an action or stopping an act.
What is specific performance?
An order to carry out a contract’s terms (e.g., property transfer).
What are declaratory orders?
Clarification of legal rights or status.
What is criminal law?
Laws that define crimes and punishments, enforced by the state.
What is the objective of criminal law?
Maintain public order and safety.
Name five common criminal offenses.
Theft, assault, murder, drug trafficking, fraud.
What are the goals of criminal sanctions?
Deterrence, protection, rehabilitation
When was the death penalty abolished in the UK?
1965.
What are easements?
Legal rights to cross or use someone else’s land.