LSAM MCT prep
What is legislation?correct answers Most common type of law made which is passed by
parliament in a formal process. Generally a statute- can delegate power e.g. OAPA
1861
what is case law?correct answers the law that has built up over the centuries through
judges decisions in cases. laid down by judges in the doctrine of precedent e.g. Murder
What is criminal law?correct answers concerns with violations of rules of the state.
Action is brought by the state against the D.
Requires a higher burden of proof- "beyond all reasonable dount" e.g. R V Brown (s.18
OAPA)
What is civil law?correct answers the system of law concerned with the interactions
between individuals. The action brought by the claimant and requires a low burden of
proof "on the balance of probabilities" Donoghue V Stevenson (civil negligence)
what is private law?correct answers relates to individuals e.g. family law
what is public law?correct answers relates to the interactions between the state and the
individual. Encompasses criminal law and human rights e.g. Miller
What is common law?correct answers historic set of rigid rules within the English legal
system which were too stringent and so the concept of equity was introduced
What is equity?correct answers A flexible system to address the gaps in the law in a
fairer way than common law provides. The party must come to the court with "clean
hands" in order to receive an equitable decision. Fused with common law in 1873 and
remains available in some remedies.
what is domestic law?correct answers law concerning the affairs within a state e.g.
Theft
what is international law?correct answers the law that operates between states
regulating their legal relationship. e.g. a treaty, In the treaty of Utrecht Spain cedes
Gibraltar to the UK forever.
what approach to international law does England adopt?correct answers Dualist, in that
they regard the domestic and international spheres as separate
What is EU Lawcorrect answers law developed through the European Union then
developed by the court of justice of the EU
What is legislation?correct answers Most common type of law made which is passed by
parliament in a formal process. Generally a statute- can delegate power e.g. OAPA
1861
what is case law?correct answers the law that has built up over the centuries through
judges decisions in cases. laid down by judges in the doctrine of precedent e.g. Murder
What is criminal law?correct answers concerns with violations of rules of the state.
Action is brought by the state against the D.
Requires a higher burden of proof- "beyond all reasonable dount" e.g. R V Brown (s.18
OAPA)
What is civil law?correct answers the system of law concerned with the interactions
between individuals. The action brought by the claimant and requires a low burden of
proof "on the balance of probabilities" Donoghue V Stevenson (civil negligence)
what is private law?correct answers relates to individuals e.g. family law
what is public law?correct answers relates to the interactions between the state and the
individual. Encompasses criminal law and human rights e.g. Miller
What is common law?correct answers historic set of rigid rules within the English legal
system which were too stringent and so the concept of equity was introduced
What is equity?correct answers A flexible system to address the gaps in the law in a
fairer way than common law provides. The party must come to the court with "clean
hands" in order to receive an equitable decision. Fused with common law in 1873 and
remains available in some remedies.
what is domestic law?correct answers law concerning the affairs within a state e.g.
Theft
what is international law?correct answers the law that operates between states
regulating their legal relationship. e.g. a treaty, In the treaty of Utrecht Spain cedes
Gibraltar to the UK forever.
what approach to international law does England adopt?correct answers Dualist, in that
they regard the domestic and international spheres as separate
What is EU Lawcorrect answers law developed through the European Union then
developed by the court of justice of the EU
