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99 Cards in this Set
- Front
- Back
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Learning Outcomes
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distinguish between criminal law and civil law with the correct terminology
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distinguish between public and private law
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Public law
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Public law deals with areas involving the state and the Individual
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Private law
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Private law deals with areas involving individuals
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distinguish between common and civil law
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Civil law (1)
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Civil law deals with any law that is not criminal, i.e. Contract law, tort law, etc.
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Civil law (2)
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Civil law is used to contrast law originally based on Roman law from common law
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Civil law (3)
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A subject of public law does not preclude it from being civil law
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Common law (1)
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Common law is used to describe English law systems in contrast to the Civil law systems of the continent
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distinguish between common and statute law
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Common law (2)
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Common law contrasts Judge made case law (common law) and statute law, which is government legislation
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distinguish between common law and equity
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Common law (3)
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Common law and Equity remedies offer different solutions for problems in law
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define a standard legal problem solving model
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Analysis and synthesis, critical judgement and evaluation and problem solving
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Activity 9, pg 47 - 59
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Legal terms
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ratio (decidendi)
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the reason for the decision and the part of the case which sets the precedent
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stare decisis
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doctrine of binding precedent
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obiter (dictum, pl. dicta)
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a proposition of law stated by the judge which is not part of the decision
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ex parte or ex p
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on behalf of one party only
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inter alia
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among other things
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prima facie
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on the face of it
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citation
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reference to authorities, i.e. where to find the statute, case etc.
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What is the correct terminology for use in criminal prosecutions and civil proceedings
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Criminal
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Who makes the decision to bring a criminal case
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Crown Prosecution Service
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What is a criminal case called
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A prosecution
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What is the act or omission called
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Criminal offence
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How would you write the case name
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CPS v David, magistrates court (R v David in Crown Court)
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What is David called
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Defendant
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If case is succesful, David is found
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Guilty
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What is the primary objective of criminal cases
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To establish whether there has been a breach of criminal law
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In which courts do the proceedings take place
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Magistrtaes court
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Civil
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Who makes the decision to bring a civil case
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Claimant, injured party
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What is a civil case called
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Civil Action
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What is the act or omission called
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Civil Wrong
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How would you write the case name
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Penny v David
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What is David called
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Defendant
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If case is succesful, David is found
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Liable
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What is the primary objective of civil cases
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To compensate victim of a civil wrong
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In which courts do the proceedings take place
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County court
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The parties
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Civil Case
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Claimant (sues)
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Defendant
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Civil case appeal
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Appellant
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Respondent
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Criminal
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Prosecution
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Defendant
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Family cases
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Applicant
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Respondent
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Divorce cases
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Petitioner
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Respondent
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Activity 10, pg 52 - 53
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Case Names
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see activity 10 pg 52 - 53
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Activity 11, pg 54 - 57
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Areas of Public Law
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Constitutional and administrative law (Public Law)
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Criminal law
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EU law
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Areas of Private Law
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Contract law
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Equity and trusts
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Tort
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Land law
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B, Sources of law pg 59 - 67
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Learning outcomes
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Explain the functions of custom, case law and legislation
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Custom
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refers to the historic precedence of law which was based on custom
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Case law
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refers to judge made law through specific cases
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Legislation
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Legislation
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refers to law implemented through parliament
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Describe how Acts of Parliament are made
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Public Bills
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refers to legislation affecting the public as a whole introduced by government
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Private Bills
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refers to legislation affecting individuals of specific communities introduced by an individual MP
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Consolodation
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refers to the consolodation of various laws into one act of legislation without any change to those laws
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Codification
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refers to the codification of various areas of law (case law, common law, etc) which relate to the same area and can mean changes in those laws
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Legislative process (House of Commons)
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First Reading
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Second Reading
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Committee Stage
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Report Stage
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Third Reading
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Proceedings in the House of Lords
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Amendments by the Lords
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The Royal Assent
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Devolution
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refers to powers given to the Scottish Parliament
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Subordinate Legislation
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refers to bodies outside of parliament which have been given authority to make law
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ultra vires
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refers to law made by an outside authority which exceeds the remit permitted by the act of parliament
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Europe Union Legislation
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Primary Legislation
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refers to the foundational treaties of the EU, which cannot be challenged in national courts or the Court of Justice of the European Uniion
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Secondary Legislation (Regulation and Directive)
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refers to legislation enacted by EU institutions
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Case law
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refers to judegments of the Court of Justice of the European Union
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What do you think the advantages and disadvantages of the increasing use of delegated legislation.
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Advantage
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An advantage is the capacity to respond to change quickly within local communities and the use of a greater level of expertise in certain areas.
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Disadvantage
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A disadvantage is a lack of accountability and scrutiny of any law passed by an outside authority.
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Identify the impact of the Human Rights Act
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The Human Rights Act 1998 incorporates the European Convention on Human Rights which allows for the first time directly enforceable human rights in UK courts
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How do judges decide cases
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Judges use the doctrine of precedent when making decisions in a case (case law)
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How do judges interpret legislation
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Judges interpret legislation through statutory interpretation, which means they evaluate the intention of Parliament in creating the law
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Reading Law pg 68 - 86
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Learning outcomes
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Describe the citation of legislation and cases
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The citation of legislation and cases technically refers to how you find a piece of legislation or case in records
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comprehend and use statutes, delegated legislation and cases
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Statute
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The use of a statute allows interpretation of the the law the statute covers
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Delegated Legislation
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The use of delegated legislation is similar to the use of a statute
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Delegated Legislation (Parent Act)
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A Parent Act refers to the piece of legislation which gives delegated legislation authority
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Explain law reporting
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Law reporting is the recording of all aspects of a case
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