Week 2 Flashcards
Overview (33 cards)
Characteristics of British Legal System
- Adversarial,
- Common law,
- Criminal and Civil cases.
Characteristics of European Legal System
- Inquisitorial,
- Based on writings of legal experts,
- Seeks truth.
Sources of English Law
- Courts,
- Parliament,
- EU (before 2020),
- European Court of Human Rights.
What is Common Law or Case Law?
Law based on judicial decisions, creates precedent binding in future cases.
Role of Parliament in Law
- Creates Acts of Parliament,
- Overrides judicial decisions,
- Can delegate legislation.
EU Law Types
- Regulations (immediate law),
- Directives (require national implementation).
Branches of Law
- Civil Law (private disputes),
- Criminal Law (offences against society).
Judicial Precedent
Binding or persuasive decisions; precedent incorporated into common law.
Court System Hierarchy
- House of Lords,
- Chancery,
- High Court,
- Queen’s Bench,
- County/Magistrate’s Courts.
Supreme and Crown Court
Supreme Court includes Court of Appeal, High Court, Crown Court (serious criminal cases).
County and Magistrates’ Courts
Small claims < £25,000, minor criminal offences, no jury.
Tribunals and Arbitration
Resolve specific disputes (e.g., Data Protection), arbitration common in civil law.
Legal Concept: Person
Entity with rights and duties; natural or artificial (corporations).
Legal Concept: Rights and Duties
Right is protected liberty; exists due to duty owed by another.
Legal Concept: Obligation and Liability
Obligation is a duty relationship; liability is being responsible under law.
Legal Concept: Property
Real property (land), personal property (goods, shares, IP).
Legal Concept: Ownership vs Possession
- Ownership is legal control;
- Possession is physical control with intent.
Criminal Law Definition
Unlawful act against public, punishable under law (House of Lords).
Criminal Law Elements
- Actus reus (guilty act),
- Mens rea (guilty mind).
Mens Rea Explained
Requires blameworthy mind—negligence, malice, or guilty knowledge.
Criminal Law Example: Shoplifting
Actus reus: Leaving shop unpaid; Mens rea: Deliberate dishonesty.
Criminal Defence: Mistake
Negates intention; but ignorance of law is no excuse.
Criminal Defence: Insanity
Defect of reason; did not understand act or that it was wrong.
Criminal Defence: Intoxication and Compulsion
May negate mens rea; includes duress or necessity.
