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Exam (elaborations)

Seminar - Introduction to Law (MN10354)

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Seminar notes, question and guideline answers

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Uploaded on
January 18, 2021
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Written in
2020/2021
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Seminar 1

What type of legal system do we have in England & Wales?
Common law and legal system as opposed to a civil law system

What are the main characteristics of this type of legal system?
Common- unwritten and judge made law
Civil – written down in constitution

Explain the Doctrine of Judicial Precedent
When a judge makes a ruling and all future cases have to follow this, so that similar cases have decisions
to follow.



Discuss the characteristics of the UK Criminal justice system including examples of the types of cases you
may see here?
All criminal cases begin with the letter R,
1991,
Now any unconsented sexual acts counts as rape regardless of the parties
Few years later parliament updated the 1950 sexual act, so now statute law takes control of it.



Discuss the characteristics of the UK Civil justice system including examples of the types of cases you may
see here?
All civil cases begin with the names




What are the burdens and standards of proof of each of the above justice systems?



Explain the structure of the courts in England and Wales, the personnel involved and identify the arbiters
of fact and law in each.
-jury, anyone can be selected if they’re on the electoral roll
-magistrates, - justices of the peace, not legally qualified, and hear courts within their community



offers consistency

issues of fact: deciding guilt or innocence
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