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Sources of law
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Tatiana Serdiucova
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Criminal law theory
Law > Sources of law
20 cards
Cards (45)
What are the two main types of law discussed?
Civil law
and
criminal law
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What is the primary source of law in England and Wales?
Legislation made by
Parliament
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What are acts of Parliament also known as?
Statutes
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What is the process for legislation to be enacted by Parliament?
It goes through
readings
and
committee
scrutiny
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What is Royal Assent?
Formal approval of
legislation
by the monarch
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What is primary legislation?
Law made directly by
Parliament
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What is secondary legislation also known as?
Delegated legislation
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What is the purpose of secondary legislation?
To create detailed rules without full
Acts
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What are statutory instruments?
Forms of
secondary legislation
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How does delegated legislation provide flexibility?
It allows quick responses to
specific
issues
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What is common law?
Law developed by
judges' decisions
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What is the doctrine of precedent?
Legal principles established by
previous
cases
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What does the term 'ratio decidendi' refer to?
The legal reasoning behind a
court's
decision
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What are obiter dicta?
Comments made by
judges
not essential to the decision
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What was the impact of EU law before Brexit?
It was a significant source of law in the
UK
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What is retained EU law?
EU laws
still applicable in the UK
post-Brexit
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What are customs in the context of law?
Traditional practices
with
legal recognition
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What are conventions in the UK legal system?
Unwritten
rules guiding political institutions
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Why are conventions important in the UK government?
They guide behavior despite being
unenforceable
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What is the significance of the Human Rights Act?
It is a
primary
piece of legislation
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What does parliamentary sovereignty imply?
Parliament
can make or repeal any law
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What is the difference between vertical and horizontal direct effect?
Vertical
applies to state
actions
,
horizontal
to
individuals
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What is the role of the European Communities Act 1972?
It incorporated
EU law
into
UK law
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What is the nature of local customs?
Traditional practices
recognized
legally
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How does the UK Constitution differ from the US Constitution?
It is
uncodified
and not in one document
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