Law 4007 - Legal Systems & Skills

• How is law defined according to Rush and Ottley (2006)?

  Law is a body of rules created by the State that governs the conduct of its citizens and the State itself.
• What is the role of courts in relation to law?

  Court enforces the rules of law.
• What are the main sources of law?

  • Common Law (case law, equity)
  • Statute Law / legislation
  • Formerly EU legislation (for the UK, before leaving the EU)
  • International Law
  • Customs
• What is common law also known as?

  Common law is also known as case law.
• How is common law developed?

  Common law is developed case by case by referencing decisions in earlier cases.
• What does the system of precedent in common law entail?

  Judges must follow previous relevant decisions of superior courts.
• What is equity in the context of law?

  Equity is a set of legal principles that can modify legal rules to achieve fair results.
• When is equity used?

  Equity is used when the law is inadequate or doesn't address an issue.
• What is the basis of equity?

  Equity is based on the idea that rights and liabilities should be equalized among all interested parties.
• In which areas of law is equity applied?

  • Contracts: issuing injunctions to prevent breaches
  • Partnerships
  • Mortgages
  • Torts
  • Examples: imposing a lien, correcting a property line, ordering action to prevent damage
• Where was equity developed?

  Equity was developed in the English Court of Chancery.
• What is the doctrine of precedent?

  The doctrine of precedent involves following decisions from higher courts.
• What does 'ratio decidendi' refer to?

  'Ratio decidendi' refers to the reasons for the decision in a case.
• What does 'obiter dicta' mean?

  'Obiter dicta' refers to words spoken by the way.
• What is the role of Parliament in law-making?

  Parliament is the supreme law-making body in the UK.
• What is primary legislation?

  Primary legislation consists of statutes or Acts of Parliament.
• What is delegated legislation?

  Delegated legislation consists of statutory instruments or by-laws.
• How is law classified?

  • Public law (e.g., in court) and Private law (between individuals)
  • Criminal law and Civil law
  • Common law and legislation
• What is the difference between criminal and civil law?

  Criminal law involves prosecution, while civil law involves suing.
• What are the key differences between criminal and civil law?

  | **Criminal** | **Civil** |

  | --- | --- |

  | Prosecute | Sue |

  | Fine | Damages |

  | Punish | Compensate |

  | Magistrate’s Court | County Court |

  | Crown Court | High Court |
• What are the elements of a criminal offense?

  • Actus Reus: the guilty act
  • Mens Rea: the guilty mind
• What constitutes theft under the law?

  A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.
• What is a contract in civil law?

  A contract is a binding agreement enforced by law.
• What issues does tort law cover?

  • Negligence
  • Occupiers’ liability
  • Trespass (to land, goods, and to the person)
  • Nuisance
  • Defamation
• What are the types of Alternative Dispute Resolution (ADR)?

  • Arbitration (preferred in commercial disputes)
  • Mediation (facilitation for shared agreement)
  • Conciliation (suggests options to parties)
  • Tribunals (specialist forums)
  • Ombudsman services
• What does procedural history refer to in legal cases?


  It refers to the chronological record of a case's journey through the legal system.
• Why is procedural history important in understanding a case?


  It provides context for the current court's decision and outlines previous rulings.
• What are the key points included in procedural history?


  It shows the path of the case, includes previous rulings, and provides context for decisions.
• What are the key elements of procedural history?


  • Initial filing: Where and when the case was first filed
  • Lower court decisions: Rulings made by lower courts
  • Appeals: Any appeals made and their outcomes
  • Remands: Instances where a higher court sent the case back to a lower court
  • Parties involved: Changes in parties or their roles throughout the process
• In the case of Smith v. Jones, what event is part of the procedural history?


  Smith filed a lawsuit against Jones in the local county court.
• What does it mean when a case is remanded?


  It means the case is sent back to a lower court for further action or reconsideration.
• What phrases might indicate the procedural history in a case report?


  Phrases like "The trial court held...", "On appeal...", or "The case was remanded..."
• What does remand indicate about the higher court's view on the case?


  It indicates that the higher court wants the lower court to reconsider the case based on specific instructions.
• What does it mean if a higher court retains jurisdiction while remanding a case?


  It means the higher court keeps some control over the case even after sending it back to a lower court.
• What are the key components of a case citation?


  • Party names (e.g., Smith v Jones)
  • Year of decision (e.g., [2023])
  • Volume number (e.g., 1)
  • Abbreviation of the law report series (e.g., AC for Appeal Cases)
  • Page number (e.g., 212)
• What is an example of a case citation?

  "R v Brown [1994] 1 AC 212" is an example of a case citation.
• What does the year in a case citation indicate?


  The year the case was decided.
• What does "AC" stand for in a case citation?


  Appeal Cases.
• What is a neutral citation?


  A neutral citation is used for more recent cases, independent of any specific law report series.
• What is an example of a neutral citation?


  [2021] UKSC 1 is an example of a neutral citation.