Legal Topics
Common Law p5
1) Explain de concept of common law.
body of unwritten laws based on judicial court decisions by royal and circuit judges.
2) What’s the main difference with civil law?
The biggest difference is the place that the law and the judge occupy in the system.
- Civil law is made by Parliament.
- Common law are unwritten laws.
3) Give 2 synonyms for ‘common law’:
case law and judge-made law.
4) Why is common law called ‘common’ law?
Since the King of England appointed the judges, there was one common law
established for the whole kingdom.
5) Who created common law in England?
The descendants of William the conqueror, so Norman kings.
6) Explain the English legal system before the Norman conquest briefly.
structured society ran by feudal lords. A lord had to take responsibility for you. You
also had someone who could get you released if you had been on trial.
7) Why did the Norman kings start a new legal system?
They didn’t know anything about the land or the people they ruled.
8) What are circuit judges?
Royal judges working in local courts spread around the country.
9) What’s meant with trial by ordeal?
judicial practice by which God decides if someone is guilty or innocent by subjecting
the suspect to an unpleasant, usually painful experience.
10) What’s typical of the adversarial system?
The decision-making process for a case is determined by the adversaries’ ability to
argue their side of the story in front of the jury and the judge.
11) Which important rule was later on created by common law judges?
There are rules created that would ensure a fair trial. As a result, they created a rule
that a person was innocent until proven guilty.
12) What is the writ of habeas corpus? Why is this concept so important?
write that requires a person under arrest to be brought before a judge or into court. In
this way a prisoner can be released from unlawful detention.
13) From when onwards has the monarch had no further legal power?
In 1701 the Act of Settlement removed any power the monarch had to control the
courts.
14) Which Act stipulates this?
The Act of Settlement.
15) What type of law is most important as present?
Statute law (written down): Parliament can overrule a court decision if it disagrees.
16) What is meant with the principle of binding precedent?
The decision of a higher court is binding on the decision of a lower court. The judges
(still) must refer to existing precedents.
,To stipulate Bepalen Judiciary Rechterlijke macht
Circuit judges Rondtrekkende rechters Legislature Wetgevende macht
Custom Gewoonte, overlevering Executive Uitvoerende macht
Statute Wet To appoint Aanstellen
Descendants Afstammelingen Common (law) Gemeenschappelijk
Vagabond Landloper, zwerver Predecessors Voorgangers
Retribution Vergoeding Damages Schadevergoeding
County Graafschap A lord Een leenheer
A breach Een schending Oath Eed
To occupy Bezetten Corporal punishment Lijfstraffen
Trial by ordeal Rechtszaak via Cauldron Ketel
godsoordeel
Adversarial system Conflictmodel Outcome Resultaat
Remedy Rechtsmiddel Arbitrary Willekeurig
To forge law Weten maken/ bedenken To dispense justice Het recht toepassen.
To override Teniet doen, opheffen To confiscate In beslag nemen
Going on trial Terechtstaan To condemn Afschaffen
Unlawful Onwettig
,The UK Parliament (video’s) p7
Welcome to the Houses of Parliament.
a) What’s the origin of the word ‘Parliament’?
Norman French word ‘parler’ = to discuss.
b) What are the main functions of Parliament?
- Legislation: creating new laws and amending existing ones.
- Scrutiny of the government.
c) What did Parliament develop out of?
The king’s advisory council:
- Church ministers and landowning barons = House of Lords.
- Representatives of local communities = House of Commons.
d) Where does Parliament meet?
- Palace of Westminster (royal palace until 16th century).
e) How old is the present Palace of Westminster?
Dates back from 19th century.
- A huge fire in 1834 destroyed the old building.
f) Who was the first monarch to use it?
Queen Victoria.
Westminster Hall.
a) Was it rebuilt?
Built in 1099 and only the roof was rebuilt.
b) What was it used as?
The first law court. The legal system developed from here.
c) Name a couple of famous trials
William Wallace, Thomas More,…
d) Name one of its present functions.
Monarch and important PM’s lie in state before a funeral.
The work of the Parliament: Guide to the chamber.
a) Why is the chamber small?
More intimate and argumentative.
b) how is it structured broadly i.e. who sits where?
c) Where do PMs and ministers speak?
At the dispatch boxes.
d) Who keeps order?
The speaker (Mr. Lindsay Hoyle).
e) What’s the use of division lobbies?
The are used when voting. A division is a vote.
- Pro: you say ‘I’ and you go to lobby on the right side of the Chamber.
- Con: you say ‘No’ and you go to lobby on left side of the Chamber.
The work of Parliament: How the chamber works.
a) What’s the speaker in fact?
An impartial referee.
b) What happens if an MP wants to speak?
The speaker decides which MP is allowed to speak. He makes sure there’s a good
mix of MPs to debate!
c) What do MPs call each other?
- Same bench: ‘My honourable friend’
- Opposite bench: ‘Honourable lady/ gentleman’
d) What happens at the end of a debate?
The division bell tolls and you have 8 minutes to make up your mind, yell ‘I’ or ‘No’
and go to the correct division lobby.
, The monarchy (text) p12
1. Which Act regulates the right to the British Throne? What does it say?
The Act of Settlement 1701 settles the succession to the English and Irish crown on
Protestants only.
2. What is the state religion in the UK? How come?
Protestant: Henry VIII established his own church because the Roman Catholic Pope
refused to annul his first marriage.
3. What power does the monarch have?
King reigns, but doesn’t rule. - Head of judiciary.
- Part of the legislature.
- The commander in chief of the armed forces of the Crown.
- Temporal head of the established church of England.
4. Give the name of the monarch’s advisory body:
Privy Council.
5. Name 3 main duties of the monarch.
- Remitting all or parts of prisoners’ penalties.
- Gives the Royal Assent before a bill can become an Act of Parliament.
- Declare peace or war.
The UK Parliament (text) p12
1) What’s the Magna Carta? Explain its importance.
With the Magna Carta the King (John Lackland – 1215) promised more power to the
feudal barons an to protect their rights. It was the first step in a process that would
lead to constitutional law in England and lots of other countries.
2) Which 3 parts does Parliament consist of?
King, House of Lords and House of Commons.
3) What’s the main work of Parliament? Mention 3 aspects.
- Make laws.
- Debate political issues.
- Look at how taxes are spent to help run the country.
4) How long can one Parliament last?
5 years (due to the Parliament Act in 1911).
5) What’s the name of the Parliament building? How old is it?
The houses of Parliament/ the Palace of Westminster (since 19th century).
6) What’s Big Ben actually?
The name of the huge bell inside of the tower. The tower itself is part of the Houses
of Parliament.
7) Which House consists of elected Members of Parliament?
The House of Commons.
8) What are its main duties?
- Debating political issues.
- Scrutinizing the work of the government.
- Debating new primary legislation.
9) Where especially lies the power of that same House?
- Power to override proposals made by the House of Lords (e.g. Hunting Act).
- Supremacy over the House of Lords with bills for taxation and public
expenditure.
10) What’s a member of the House of Lords called?
A peer.
11) The majority of MPs in the House of Lords are
life peers (appointed by the King/ Queen).
12) The minority of MPs in the House of Lords are
hereditary peers (inherit their seats).
Common Law p5
1) Explain de concept of common law.
body of unwritten laws based on judicial court decisions by royal and circuit judges.
2) What’s the main difference with civil law?
The biggest difference is the place that the law and the judge occupy in the system.
- Civil law is made by Parliament.
- Common law are unwritten laws.
3) Give 2 synonyms for ‘common law’:
case law and judge-made law.
4) Why is common law called ‘common’ law?
Since the King of England appointed the judges, there was one common law
established for the whole kingdom.
5) Who created common law in England?
The descendants of William the conqueror, so Norman kings.
6) Explain the English legal system before the Norman conquest briefly.
structured society ran by feudal lords. A lord had to take responsibility for you. You
also had someone who could get you released if you had been on trial.
7) Why did the Norman kings start a new legal system?
They didn’t know anything about the land or the people they ruled.
8) What are circuit judges?
Royal judges working in local courts spread around the country.
9) What’s meant with trial by ordeal?
judicial practice by which God decides if someone is guilty or innocent by subjecting
the suspect to an unpleasant, usually painful experience.
10) What’s typical of the adversarial system?
The decision-making process for a case is determined by the adversaries’ ability to
argue their side of the story in front of the jury and the judge.
11) Which important rule was later on created by common law judges?
There are rules created that would ensure a fair trial. As a result, they created a rule
that a person was innocent until proven guilty.
12) What is the writ of habeas corpus? Why is this concept so important?
write that requires a person under arrest to be brought before a judge or into court. In
this way a prisoner can be released from unlawful detention.
13) From when onwards has the monarch had no further legal power?
In 1701 the Act of Settlement removed any power the monarch had to control the
courts.
14) Which Act stipulates this?
The Act of Settlement.
15) What type of law is most important as present?
Statute law (written down): Parliament can overrule a court decision if it disagrees.
16) What is meant with the principle of binding precedent?
The decision of a higher court is binding on the decision of a lower court. The judges
(still) must refer to existing precedents.
,To stipulate Bepalen Judiciary Rechterlijke macht
Circuit judges Rondtrekkende rechters Legislature Wetgevende macht
Custom Gewoonte, overlevering Executive Uitvoerende macht
Statute Wet To appoint Aanstellen
Descendants Afstammelingen Common (law) Gemeenschappelijk
Vagabond Landloper, zwerver Predecessors Voorgangers
Retribution Vergoeding Damages Schadevergoeding
County Graafschap A lord Een leenheer
A breach Een schending Oath Eed
To occupy Bezetten Corporal punishment Lijfstraffen
Trial by ordeal Rechtszaak via Cauldron Ketel
godsoordeel
Adversarial system Conflictmodel Outcome Resultaat
Remedy Rechtsmiddel Arbitrary Willekeurig
To forge law Weten maken/ bedenken To dispense justice Het recht toepassen.
To override Teniet doen, opheffen To confiscate In beslag nemen
Going on trial Terechtstaan To condemn Afschaffen
Unlawful Onwettig
,The UK Parliament (video’s) p7
Welcome to the Houses of Parliament.
a) What’s the origin of the word ‘Parliament’?
Norman French word ‘parler’ = to discuss.
b) What are the main functions of Parliament?
- Legislation: creating new laws and amending existing ones.
- Scrutiny of the government.
c) What did Parliament develop out of?
The king’s advisory council:
- Church ministers and landowning barons = House of Lords.
- Representatives of local communities = House of Commons.
d) Where does Parliament meet?
- Palace of Westminster (royal palace until 16th century).
e) How old is the present Palace of Westminster?
Dates back from 19th century.
- A huge fire in 1834 destroyed the old building.
f) Who was the first monarch to use it?
Queen Victoria.
Westminster Hall.
a) Was it rebuilt?
Built in 1099 and only the roof was rebuilt.
b) What was it used as?
The first law court. The legal system developed from here.
c) Name a couple of famous trials
William Wallace, Thomas More,…
d) Name one of its present functions.
Monarch and important PM’s lie in state before a funeral.
The work of the Parliament: Guide to the chamber.
a) Why is the chamber small?
More intimate and argumentative.
b) how is it structured broadly i.e. who sits where?
c) Where do PMs and ministers speak?
At the dispatch boxes.
d) Who keeps order?
The speaker (Mr. Lindsay Hoyle).
e) What’s the use of division lobbies?
The are used when voting. A division is a vote.
- Pro: you say ‘I’ and you go to lobby on the right side of the Chamber.
- Con: you say ‘No’ and you go to lobby on left side of the Chamber.
The work of Parliament: How the chamber works.
a) What’s the speaker in fact?
An impartial referee.
b) What happens if an MP wants to speak?
The speaker decides which MP is allowed to speak. He makes sure there’s a good
mix of MPs to debate!
c) What do MPs call each other?
- Same bench: ‘My honourable friend’
- Opposite bench: ‘Honourable lady/ gentleman’
d) What happens at the end of a debate?
The division bell tolls and you have 8 minutes to make up your mind, yell ‘I’ or ‘No’
and go to the correct division lobby.
, The monarchy (text) p12
1. Which Act regulates the right to the British Throne? What does it say?
The Act of Settlement 1701 settles the succession to the English and Irish crown on
Protestants only.
2. What is the state religion in the UK? How come?
Protestant: Henry VIII established his own church because the Roman Catholic Pope
refused to annul his first marriage.
3. What power does the monarch have?
King reigns, but doesn’t rule. - Head of judiciary.
- Part of the legislature.
- The commander in chief of the armed forces of the Crown.
- Temporal head of the established church of England.
4. Give the name of the monarch’s advisory body:
Privy Council.
5. Name 3 main duties of the monarch.
- Remitting all or parts of prisoners’ penalties.
- Gives the Royal Assent before a bill can become an Act of Parliament.
- Declare peace or war.
The UK Parliament (text) p12
1) What’s the Magna Carta? Explain its importance.
With the Magna Carta the King (John Lackland – 1215) promised more power to the
feudal barons an to protect their rights. It was the first step in a process that would
lead to constitutional law in England and lots of other countries.
2) Which 3 parts does Parliament consist of?
King, House of Lords and House of Commons.
3) What’s the main work of Parliament? Mention 3 aspects.
- Make laws.
- Debate political issues.
- Look at how taxes are spent to help run the country.
4) How long can one Parliament last?
5 years (due to the Parliament Act in 1911).
5) What’s the name of the Parliament building? How old is it?
The houses of Parliament/ the Palace of Westminster (since 19th century).
6) What’s Big Ben actually?
The name of the huge bell inside of the tower. The tower itself is part of the Houses
of Parliament.
7) Which House consists of elected Members of Parliament?
The House of Commons.
8) What are its main duties?
- Debating political issues.
- Scrutinizing the work of the government.
- Debating new primary legislation.
9) Where especially lies the power of that same House?
- Power to override proposals made by the House of Lords (e.g. Hunting Act).
- Supremacy over the House of Lords with bills for taxation and public
expenditure.
10) What’s a member of the House of Lords called?
A peer.
11) The majority of MPs in the House of Lords are
life peers (appointed by the King/ Queen).
12) The minority of MPs in the House of Lords are
hereditary peers (inherit their seats).
