Lecture 2 Flashcards

(17 cards)

1
Q

What is the traditional view of law?

A

Law is created and enforced by a central authority and applies within a defined jurisdiction.

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2
Q

What are the three types of jurisdiction?

A

Geographical, temporal, and subject-specific.

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3
Q

Why is enforcement necessary in law?

A

Laws require mechanisms (like courts) to ensure compliance.

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4
Q

What are the three UK legal jurisdictions?

A

England & Wales, Scotland, Northern Ireland.

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5
Q

How do appeals from Scotland and Northern Ireland reach the Supreme Court?

A

Scotland – civil appeals only; Northern Ireland – both civil and criminal.

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6
Q

What are British Overseas Territories?

A

Self-governing territories (e.g., Bermuda) still under UK sovereignty.

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7
Q

Public vs Private Law?

A

Public law: State and individual, e.g. constitutional, administrative, criminal.

Private law: Disputes between individuals/organisations, e.g. tort, family, contract.

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8
Q

Criminal vs Civil Law?

A

Criminal: State prosecutes; proof beyond reasonable doubt; punishment.

Civil: Individual disputes; balance of probabilities; remedies, not punishment.

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9
Q

Trial vs Appellate courts?

A

Trial: Hear cases at first instance.

Appellate: Hear appeals from lower courts.

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10
Q

Criminal offence types?

A

Summary (minor, magistrates only)

Either-way (middle, magistrates or Crown)

Indictable (serious, Crown only)

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11
Q

What is the role of Magistrates’ Courts?

A

Handle 90% of criminal cases; initial hearings for all; some civil jurisdiction.

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12
Q

What is the Crown Court?

A

Hears indictable offences; judge + jury; can hear appeals from magistrates.

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13
Q

What is the Court of Appeal?

A

Penultimate appellate court; divided into Civil and Criminal Divisions.

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14
Q

What is the UK Supreme Court?

A

Highest appellate court (replaced House of Lords in 2009).

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15
Q

What are the burdens and standards of proof?

A

Criminal: Prosecution, beyond reasonable doubt.

Civil: Claimant, balance of probabilities.

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16
Q

What are the main sources of UK law?

A

Acts of Parliament, common law, delegated legislation, supranational law (EU/ECHR).

17
Q

What is primary vs secondary legislation?

A

Primary: Acts/statutes passed by Parliament.

Secondary: Regulations/statutory instruments made under authority of an Act