Common Law and Equity Concepts Quiz

The branch of government responsible for creating laws.

The body of law created through decisions made by judges in court cases.

Acts of Parliament, statutes, or legislation.

Laws made with the authority of Parliament, but not by Parliament itself. Examples include regulations and by-laws.

Laws made with the authority of Parliament, but not by Parliament itself. Examples include regulations and by-laws.

The body of law derived from decisions made by judges in historical cases, often referred to as precedent.

A branch of case law that arose separately from common law, emphasizing fairness and equity.

The ability of judges to develop and interpret laws in situations where legislation is unclear or absent.

The principle that laws apply equally to everyone, including the highest authority, and that no one is above the law.

The practice of adhering to previous judicial decisions in similar cases, ensuring consistency and predictability in legal outcomes.

A formal written request to a court asking for specific legal action, used in the Common Law system.

A legal document outlining the terms of a loan, giving a lender rights to a borrower's property if the loan is not repaid.

A form of legal compensation awarded to a wronged party, typically monetary, to redress harm caused by another party.

A judicial remedy ordering a party to stop performing a specific action or to fulfill a specific obligation, used as an alternative to monetary damages.

The principle that equity will treat as done that which ought to be done, focusing on intent over strict procedures. This makes it more flexible than rigid procedural rules.

The principle that a person seeking equitable relief must show that they acted in good faith and with clean hands. This prevents people from using equity to gain advantage through dishonest actions.

Equity will refuse relief to those who have delayed unreasonably in bringing their claim, especially if the delay causes prejudice to the other party. This principle seeks to ensure fairness and prevent delays from becoming an advantage.

Equity will not allow a wrong to go unaddressed if ordinary legal remedies are inadequate. It ensures that individuals are not left without a remedy for injustice.

Equitable remedies are flexible and discretionary, meaning a court can decide to grant them based on the specific circumstances of a case. This ensures fairness and considers individual situations.

The UK's decision in 2016 to formally leave the European Union, also known as the European Economic Community (EEC).

Laws created by the European Union (EU) that were directly applicable in the UK before Brexit. Some of these laws remain in effect even after the UK left the EU.

EU laws that were incorporated into UK law and continue to apply after Brexit.

The process of adapting EU law to fit the UK's legal system after Brexit. This includes identifying which EU laws should continue to apply, revising or repealing others, and creating new laws to fill any gaps.

A legal system where EU law was directly applicable in the UK without the need for specific domestic legislation.

A legal system where EU law automatically becomes part of domestic law upon ratification of EU treaties.

The UK joined the European Economic Community (EEC) in 1973, becoming a member of the EU.

The European Communities Act 1972 (ECA 1972) was a UK law that incorporated EU law into the UK legal system.

The process of leaving the EU. The UK's exit from the EU was a complex legal process involving negotiating new trade deals, establishing new rules, and resolving various legal issues.

The Treaty of Rome (now the TFEU) established the European Economic Community (EEC) and aimed to promote trade within a European common market.

A legal system in which a body of law is formed primarily through the decisions of judges in court. These decisions establish principles and precedents for future cases.

This legal principle prohibits a company from abusing its dominant market position.

A practice where a product is tied to another product, encouraging consumers to buy both.

A case involving Microsoft, where the company bundled programs into the Windows operating system to limit competitors.

The European Court of Human Rights (ECHR) is a separate body from the European Union (EU).

A treaty providing default terms for international sales contracts, filling gaps when parties have different legal systems. It is based on the Uniform Commercial Code of the US, but the UK is not a party.

Model rules for international sales of goods and services, offering flexibility for parties to opt into specific terms. It has 63 member countries, including the UK.

A series of pre-defined commercial terms published by the ICC, reflecting common practices in shipping contracts. Parties choose specific terms from various packages.