Test

• What is the primary focus of the chapter titled "The Nature of English Law"?

  It explains the meaning of law and discusses the historical development and characteristics of English law.

  
• What is the significance of the Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly in relation to UK law?

  They have the power to pass Acts relating to their individual countries.
• When did the UK join the European Union?

  1 January 1973
• What was the outcome of the June 2016 referendum regarding the UK's membership in the EU?

  The UK voted to leave the EU.
• What will happen to EU laws once the UK leaves the EU?

  It will be up to the UK Parliament to decide which EU laws remain part of UK law.
• What human rights treaty is the UK a signatory to?

  The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.
• How was the European Convention for the Protection of Human Rights incorporated into English law?

  It was incorporated by the Human Rights Act 1998.
• What are the learning objectives of the chapter on English law?

  • Explain what is meant by law.
  • Outline the historical development and characteristics of English law.
  • Understand the difference between Public and Private Law and between Civil and Criminal Law.
• Why do societies require laws?

  To regulate the behavior of their members and balance various interests.
• What is the relationship between individual freedoms and laws?

  Freedoms cannot be absolute as one person's freedom may adversely affect another's rights.
• What are laws defined as?

  Rules and regulations which govern the activities of persons within a country.
• Who is bound by the laws of a country?

  Both natural persons (human beings) and legal persons (companies).
• What types of actions do laws typically prohibit?

  Laws prohibit certain actions such as theft and murder.
• What is the significance of obtaining a special license in certain activities?

  It is required to legally run certain activities, such as a riding school.
• How does the law differ across countries?

  The law of each country is only binding within its territory and may vary significantly.
• What are the three main elements of laws in England and Wales?

  Legislation created through Parliament, common law, and directly enforceable EU law.
• What is an Act of Parliament also referred to as?

  A statute.
• How does English law compare to the domestic law of other European countries?

  English law has different characteristics but shares similarities with countries like New Zealand, the USA, and Australia.
• What historical era can the origins of English law be traced back to?

  The Norman era in the 11th century.
• How has English law developed over the centuries?

  It has developed piecemeal through case law and legislation.
• What is the significance of the Treason Act 1351 in modern law?

  It was cited in a case decided in 2003, showing that old statutes can still be effective.
• What does the rule in Pinnel’s Case (1602) pertain to?

  Promises made by creditors to debtors regarding debt settlement.
• What does it mean that English law is uncodified?

  It means that laws have not been systemized into codes like in other European countries.
• How does codification differ from a legal code?

  Codification is the process of restating case law into a statute, while a legal code is a systematic collection of laws.
• What is the law-making role of judges in English law?

  Judges interpret statutes and develop common law through case decisions.
• What is the doctrine of binding precedent?

  It means judges are bound to apply the law decided by earlier cases from superior courts.
• What was the legal system in England like before the Norman conquest of 1066?

  There was no national legal system, and laws were based on local customs.
• Who began the process of applying the same law to the whole country in England?

  Henry II.
• What role did royal commissions play in the development of English law?

  They traveled to hear cases and check local court procedures, applying the same laws across the country.
• What was the legal system in England prior to the Norman conquest of 1066?

  There was no national legal system, and laws were based on local customs.
• What was the significance of William the Conqueror's reign in terms of legal development?

  He began the process of centralization and imposed national government over England.
• Who began the process of applying the same law to the whole country?

  Henry II
• What were the Royal Commissions later known as?

  Circuit judges
• What is common law?

  Common law is a national law that is common to all parts of the country.
• What were the three distinct courts that developed from the King’s courts?

  The Courts of Exchequer, Common Pleas, and King’s Bench.
• What was the limitation of the remedies available in the Common Law Courts?

  The only remedy available was payment of damages.
• Who dealt with petitions from citizens unable to gain access to the Common Law Courts?

  The Lord Chancellor
• What principles did the Court of Chancery administer justice based on?

  Principles of equity, including fairness and morality.
• How did equity supplement common law?

  It provided new rights and remedies where common law was inadequate.
• What was established in the Earl of Oxford’s Case (1615)?

  In a conflict between equity and common law, equity would prevail.