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Cards (26)
What are the two main types of law distinguished in the English legal system?
Civil law
and
criminal law
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What are the primary sources of law in the English legal system?
Legislation
,
common law
, law of the
European Union
,
customs
, and
conventions
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What is the primary source of law in England and Wales?
Legislation made by
Parliament
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What is the process through which laws are passed by Parliament called?
The
legislative process
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What is the term for laws made by Parliament?
Acts of Parliament
or
statutes
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What is primary legislation in the English legal system?
Laws passed directly by
Parliament
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What is secondary legislation also known as?
Delegated legislation
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Why is delegated legislation important in the legislative process?
It allows for detailed rules to be created without a full
Act of Parliament
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What are statutory instruments?
Examples of
secondary legislation
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What does the doctrine of precedent refer to in common law?
Legal principles established by
previous cases
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What is the principle of stare decisis?
The principle that courts follow
precedents
set by previous cases
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What are the three actions a judge can take regarding precedent?
Apply, reject, or
modify
the precedent
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What is the ratio decidendi in a judicial decision?
The legal reasoning that forms the basis of the court's decision
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What are obiter dicta?
Comments made by
judges
that are not essential to the decision
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What act recognized the direct applicability of EU law in the UK?
The
European Communities Act
1972
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What are customs in the context of law?
Traditional
practices that have gained legal
recognition
over time
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How did EU law apply to the UK before Brexit?
It was
directly applicable
and became part of
UK law
without needing
Parliament's
enactment
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What is retained EU law?
EU laws
that remain part of the
UK's
domestic legal system after
Brexit
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What are conventions in the UK legal system?
Unwritten
rules guiding the behavior of
political
institutions
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Why are conventions important in the UK government?
They are crucial to the functioning of government despite not being
legally
enforceable
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What implications did Brexit have on EU law in the UK?
EU law no longer applies directly, but
retained EU law
continues to influence the legal system
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What is the role of the European Court of Justice in UK law?
It provided rulings that influenced UK law while the UK was an
EU
member
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What is the significance of the Human Rights Act in the English legal system?
It is an example of
primary legislation
that protects
individual rights
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How does the concept of parliamentary sovereignty relate to EU law?
Parliamentary sovereignty means Parliament can
make
or
unmake
any law, including those related to
EU law
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What are the differences between vertical and horizontal direct effect in EU law?
Vertical direct effect applies to
state actions
, while horizontal direct effect applies to
private parties
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What is the nature of the UK's uncodified Constitution?
It is not written down in a
single document
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