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Nature of Law and English Legal System

This class was created by Brainscape user Jaben Squirrell. Visit their profile to learn more about the creator.

Decks in this class (59)

Enforceable legal rules
Why do we obey laws,
What types of rules do we not hav...,
What are the four categories of l...
7  cards
Sources of law
How are customs enforced originally,
What did common law develop out of,
Where is the uk parliament based
7  cards
Law and Society
What is a rule,
What is the justification for sen...
2  cards
Balancing conflicting interests
What did rudolf von jhering and r...,
What might an individuals interes...,
What are the states interests
13  cards
Fault in Criminal Law
What must an act must be accompan...,
What is an act without fault,
What types of offences do not req...
6  cards
Fault in Civil Law
What does negligence rely on,
What must the defendant fall belo...,
Can the defendant have levels of ...
13  cards
Law and Morality
What are morals
1  cards
Legal enforcement of moral values
Lord devlin s four principles on ...,
Lord devlin s four principles on ...,
Lord devlin s four principles on ...
5  cards
Positivism
What does positivism think,
Who are the key theorists for pos...,
Aristotle
6  cards
Natural Law Theory
What does natural law theory think,
Who are the key theorists of natu...,
St thomas aquinas
5  cards
Law and Justice
What is justice,
Key theorists for law and justice,
Aristotle
19  cards
The Rule of law
What does the rule of law mean 3,
How is the rule of law a safeguar...,
Av dicey s view of rule of law 1
16  cards
Parliamentary law making
What is parliament,
What is a bicameral legislature,
What is a constitutional monarchy
19  cards
Green and White Papers
What are the papers used for,
What is the green paper,
What is the white paper
3  cards
Formal Legislative Process
What is a law called whilst its m...,
What are the four types of bills,
Public bills
15  cards
Influences on Parliament
What types of influence are there,
Political,
Example of political influence
14  cards
Parliamentary Supremacy
What did av dicey say about parli...,
What is parliamentary supremacy,
What is the key case for parliame...
4  cards
Delegated legislation
Why is delegated legislation used,
What are the laws created by dele...,
How does parliament delegate its ...
15  cards
Controls on delegated legislation
Where is parliaments first attemp...,
What do affirmative resolution or...,
What is the issue with affirmativ...
6  cards
Judicial Controls On Delegated Legislation
What is required before judicial ...,
What could the review find,
What does ultra vires mean
8  cards
Advantages of delegated legislation
Give 3 examples of advantages of ...
1  cards
Disadvantages of delegated legislation
Give 4 examples of disadvantages ...
1  cards
Statutory interpretation
Why is statutory interpretation n...,
Ambiguous words case,
Words used are too broad case
5  cards
Rules of statutory interpretation
What is the literal rule,
What is a key case for the litera...,
Whiteley v chappell
18  cards
Advantages and disadvantages of rules of statutory interpretation
2 advantages of literal rule,
2 disadvantages of literal rule,
1 advantage of golden rule
8  cards
Aids to statutory interpretation
What are some internal aids 3,
External aids 3
2  cards
Impact of EU law on statutory interpretation
What is the approach adopted by t...,
Because eu countries have to inte...,
How does the human rights act 199...
3  cards
Judicial Precedent
What are precedents,
What is the latin for the doctrin...,
What does stare decisis mean
14  cards
Hierarchy of the courts
Who is the judicial committee of ...,
Who is the judicial committee of ...,
Key case for an example of the ju...
19  cards
Law Reporting
Why are records kept
1  cards
Operation of judicial precedent
What are the three things a judge...,
What is following,
Example of following
9  cards
Positives and negatives of judicial precedent
What are 5 advantages of judicial...,
What are 4 disadvantages of judic...
2  cards
The Law Commission
When was it set up,
Who was it set up by,
What does it consist of
15  cards
Reform through the Law Commission - Advantages and Disadvantages
What are the advantages 4,
Saves parliament time,
Law researched by expert
9  cards
European Union
When was the eu formed,
When did the uk join the eu,
How did uk join the eu
3  cards
EU Institutions
What are the 4 institutions,
What is the council s function,
How is voting decided in council
12  cards
Sources of EU law
What are the three sources of eu law,
What are the effects of treaties,
What does the european communitie...
11  cards
Impact of EU law on England and Wales.
What must supreme court refer to ...,
Why else if the court of justice ...,
How does parliament retain its su...
3  cards
Civil Courts
What matters do civil courts deal...,
Who are civil courts dealing between,
What are the two courts of first ...
16  cards
Civil Courts appeal system
When do people appeal,
Where does a first appeal from sm...,
Where does a first appeal from a ...
15  cards
Tribunals
What are tribunals a form of,
How many divisions of first insta...,
How many divisions for appeal are...
9  cards
Negotiation
What is negotiation,
What is the advantage over litiga...,
Disadvantages compared to litigat...
4  cards
Mediation
What is mediation,
Is mediation more or less formal ...,
Advantages over litigation 2
5  cards
Criminal process
What offences does magistrates co...,
What offences does crown court de...,
What are lay people
11  cards
Trial in Magistrates Court
What are the courts key functions...,
What are the courts key functions...,
What are the courts key functions...
6  cards
Trial in Crown Court
What does crown court deal with,
What does the trial usually begin...
2  cards
Crown Prosecution Service
What is cps responsible for,
What does cps decide,
What does cps determine in regard...
7  cards
Criminal Appeal System
What are the two avenues of appea...,
Who is the appeal from magistrate...,
What is the reason for an appeal ...
21  cards
Criminal Court powers and sentencing
What does sentencing mean,
Who is an adult offender,
What are the four main types of a...
7  cards
Role of lay people in the criminal courts
Who are lay people,
Who are the two main types of lay...,
What is the role of magistrates
7  cards
Barristers
What are barristers,
What kind of work can barristers ...,
Who are barristers regulated by
5  cards
Solicitors
What can a solicitors work include 6,
Who are solicitors regulated by,
What does the solicitors regulato...
3  cards
Legal Executives
What are legal executives,
What can legal executives work in...,
Who are legal executives regulate...
4  cards
Legal regulatory bodies
What does the legal services boar...,
What does the legal services boar...,
What is a legal ombudsman s purpose
4  cards
The Judiciary
What does the judiciary mean,
What is the judiciary split between,
The higher up the hierarchy the m...
19  cards
Independence of the judiciary
What are some of the long establi...,
What are the requirements to be a...,
When can judges be removed
15  cards
Access to justice and funding of legal services
Why should the inability to pay f...,
What are some alternative sources...,
How can charities help
7  cards
Access to justice: Private funding
What are the three types of priva...,
What does own resources include,
What is a negative of using your ...
10  cards
Access to justice: Public Funding
What was the legal aid agency cre...,
What does the agency run,
What is the role of the agency 4
6  cards

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Nature of Law and English Legal System

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