9084 · 1.1.1
English legal system and its context flashcards
Revision flashcards for Cambridge 9084 English legal system and its context (syllabus 1.1.1). Flip, recall, then mark a real past-paper question.
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Primary legislation?
Acts of Parliament — highest domestic source; sovereign Parliament.
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Common law vs civil law?
Common law — judge-made precedent (UK); civil law — codified statutes (France, Germany).
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Criminal law purpose?
State prosecutes — punishment, protection of society.
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Civil law purpose?
Private dispute — compensation/remedy between parties.
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Burden of proof criminal?
Prosecution must prove beyond reasonable doubt.
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Rule of law (Dicey)?
No arbitrary power; equality before law; rights through ordinary courts.
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What is the principle of *stare decisis*?
Literally 'to stand by things decided'. It is the doctrine of judicial precedent, where courts are bound to follow the legal principles established in previous decisions by courts of the same or higher level when the material facts are sufficiently similar.
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Define *ratio decidendi*.
The 'reason for the decision'. It is the legal principle or rule of law upon which the court's decision is based. This is the part of the judgment that is binding on lower courts through the doctrine of precedent.
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What is Parliamentary Sovereignty?
A constitutional principle holding that Parliament is the supreme legal authority in the UK. It can create or end any law, and the courts cannot overrule its legislation. No Parliament can bind its successors.
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What was the purpose of Equity?
Equity developed to supplement the common law and remedy its deficiencies. It provided justice in cases where the strict, rigid rules of the common law courts would have led to an unfair outcome. It operates on principles of fairness and conscience.
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Name the three main types of delegated legislation.
1. Orders in Council: Made by the King and Privy Council, often in emergencies. 2. Statutory Instruments: Made by government ministers for their respective departments. 3. By-laws: Made by local authorities or public corporations for their specific area.
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What is the 'separation of powers'?
A constitutional principle dividing state power into three branches: the legislature (makes law), the executive (governs), and the judiciary (interprets law). This prevents the concentration of power and protects liberty.
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What is Retained EU Law?
A category of UK domestic law created after Brexit. It consists of EU-derived legislation and case law that was preserved in UK law by the European Union (Withdrawal) Act 2018 to ensure legal continuity. It is now known as 'assimilated law'.
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What was the purpose of the Constitutional Reform Act 2005?
To enhance the separation of powers. It created the Supreme Court (separating it from the House of Lords), reformed the role of the Lord Chancellor, and established the Judicial Appointments Commission.
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Distinguish between special and general damages in a civil claim.
Special damages are quantifiable financial losses suffered up to the date of the trial (e.g., loss of earnings, medical costs). General damages are non-quantifiable losses, such as pain and suffering or loss of amenity, which the court must estimate.