Term
| The English legal system incorporates the law of which two countries? |
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Definition
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Term
| What three legal systems are there within the UK? |
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Definition
English convering England and Wales;
Scottish and Northern Irish. |
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Term
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Definition
| To police the actions of a community's citizens. |
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Term
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Definition
| A body of rules laid down by society to regulate human conduct. |
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Term
| What remedies can be applied as a result of broken laws? |
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Definition
| Penalties and other santions can be imposed. |
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Term
| Define codified in relation to English law. |
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Definition
| Setting down the decisions made in a formal way; by Act of Parliament, or statute. |
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Term
| What do judges have to do if the words of Parliament are not clear? |
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Definition
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Term
| What were the two initial purposes of the law? |
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Definition
| To lay down codes to protect property and control public order. |
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Term
| In what way does law reflect the social conscience? |
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Definition
| Law is being passed to deal with social problems, such as the Sex Discrimination Acts of 1975 and 1986 and the Race Relations Act 1976. |
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Term
| What is the purpose of Civil Law? |
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Definition
| To assist individuals to recover property or enforce obligations owed to them. |
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Term
| What is the purpose of Criminal Law? |
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Definition
To suppress crime and punish offenders 1) deter 2) punish 3) correct 4) reform |
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Term
| Deter, punish, correct and reform are aims of which branch of law? |
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Definition
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Term
| Who / what enforces criminal law? |
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Definition
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Term
| What is the role of compensation in civil and criminal law? |
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Definition
| Civil law aims to provide the individual with compensation for any loss he has suffered. Criminal law rarely has anyhting to do with compensation. |
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Term
| What levels of compensation can be claimed under civil law? |
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Definition
| A person bringing the claim to court cannot claim more than he has lost. |
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Term
| Who instigates Criminal proceedings? |
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Definition
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Term
| Why does the Crown instigate criminal proceedings? |
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Definition
| Because criminal wrongs are considered injurious to society generally |
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Term
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Definition
| Criminal proceedings instigated by the Crown |
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Term
| What are the possible outcomes of a prosecution? |
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Definition
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Term
| Penalties if a criminal is found guilty |
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Definition
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Term
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Definition
| Result of criminal proceedings if case against defendant not proved |
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Term
| What two parties are involved in a criminal case? |
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Definition
Prosecution (state) Accused or defendamt |
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Term
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Definition
| The court hearing in criminal proceedings |
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Term
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Definition
| A private individual bringing a civil action |
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Term
| Who brings the actions in civil and criminal cases? |
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Definition
civil - claimant criminal - Crown (state) |
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Term
| Who can be an 'individual' for the purpose of making a claim in a civil case? |
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Definition
person company other organisation |
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Term
| What does the claimant sue the defendant for? |
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Definition
Redress, usually in the form of financial compensation (damages). |
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Term
| What is the court hearing called in a civil case? |
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Definition
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Term
What does Smith v Jones (1999) denote? |
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Definition
| Smith is the claimant, Jones is the defendant. 1999 is the date of the case. Spoken as Smith against Jones. |
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Term
| Standard of proof: civil v criminal |
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Definition
Civil - balance of probabilities Criminal - beyonf all reasonable doubt (higher than civil) |
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Term
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Definition
Certain acts can be both. |
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Term
| Name the 4 sources of law relating to England and Wales |
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Definition
1) Common law 2) Equity 3) Statute law (Acts of Parliament) 4) European Community (EC) law |
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Term
| Where does common law apply? |
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Definition
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Term
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Definition
Declared by judges as the basis of fundamental legal principles - judge made in the sense that principles have been laid down by judges in the process of determining legal disputes that came before them. |
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Term
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Definition
| Where a decision has been made it must be followed, where possible, in later cases. |
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