Cilex- chapter 1-3 introduction to law and practice
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- introduction to law and practice chapters 1-3
- introduction to the english legal system
- civil law- body of law dealing with rights and duties of individuals/ organisations
- claimant and defendant- wins damages
- burden of proof on claimant, evidence on balance of probabliltys
- criminal law- body of law owed to society as a whole
- defendant and prosecution
- burden of proof on prosecution- beyond reasonable doubt
- Common law-written judgement by judge, only remedy was damages
- merged in Judicature acts 1873-75- all courts apply both laws
- equity-wider sense, used where common law would be unfair
- merged in Judicature acts 1873-75- all courts apply both laws
- maxims of equity-fundamental principles
- 1-not assist volunteer, 2 he who comes must come with clean hands, 3. he who seeks equity must do equit.
- 4.delay defeats equity, 5. equity looks to the intent not the form
- 6.equity will not permit a wrong without a remedy, 7.equity acts in personam, 8.equity follows the law.
- 9.equality is equity, 10. equity sees as done as should be done
- Mortgages- mortgager & mortgagee
- trusts-tustee is legal owner of property for benefit of benefitiary
- equitable remedies
- injunction
- recission
- specific performance
- rectification
- civil law- body of law dealing with rights and duties of individuals/ organisations
- creation of law
- UK constitution is a separation of powers
- legislature- make laws
- house of commons- 650 seats, elected every 5 year, first past post system
- house of lords- 800, life/ hereditary peers.
- Monarch
- doctrine of parliamentary sovereignty- parliament has absolute power.
- executive- (government) role is to govern
- cabinet-22 ministers to assist in leading
- delegated legislation-allocate to civil service/ councils.
- doctrine of collective ministerial responsibilty- MPs expected to vote on everything, if they refuse they are to resign.
- judiciary- to apply law
- doctrine of judicial precedent-refer back to old judgements.
- judicial review- power to review ministers/judges.
- legislature- make laws
- Acts of parliament- statutes, start as bill becomes an act when approved.
- manifesto- setting out plan.
- green paper- government draft proposal, White paper-final version
- types of bills- public- affects whole country, Private, affects limited area, Hybrid, characteristics of both
- Government bill- introduced by minister, private members- MP
- Law reform or consolidation
- House of commons procedure- 1st reading, 2nd reading, committee stage, report stage, legislative grand committee, reconsideration, consequential consideration, Third reading
- House of lords procedure- 1st,2nd, committee, report, 3rd
- consideration of ammendment
- Human rights act 1998-objective to bring back to UK rather than ECHR
- 5 sections- 1 is rights like torture, marry, slavery, expression, fair trial.
- delegated legislation-regulations, rules, orders, by-laws
- controls- publication, laying before parliament,committes, judicial review, substantive/ procedural ultra vires, ECHR.
- benefits- detailed, quick, saves MP time, flexible.
- disadvantages- volume, poor draft, obscure
- controls- publication, laying before parliament,committes, judicial review, substantive/ procedural ultra vires, ECHR.
- UK constitution is a separation of powers
- case law
- judgements contain body of legal reasoning.
- criminal cases are R v Smith (regina)
- doctrine of stare decisis- stand by decided matters
- supreme court is ultimate.
- family court not bound by lower courts
- court of appeal- 2 divisions- civil division (bound by its own decisions- exemptions)
- criminal division- not bound by prev/decision
- ratio decidendi- reason for decision.
- obiter dicta-legal discussion
- doctrine of precedent- previous decisions either bound or persuasive.
- distinguishing, overruling, disaproval, reversing and upholding.
- introduction to the english legal system
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