Podcast
Questions and Answers
What was a key feature of the legal system before the Norman Conquest?
What was a key feature of the legal system before the Norman Conquest?
- Each locality had its own laws and customs. (correct)
- Judges were appointed by the King.
- Law was standardized across the Kingdom.
- There were clear distinctions between criminal and civil law.
What significant change did the Norman Kings bring to the legal system?
What significant change did the Norman Kings bring to the legal system?
- They established trial by ordeal as a standard practice.
- They ensured law was uniform across the Kingdom. (correct)
- They eliminated circuit judges.
- They allowed for civil law to be made by local lords.
Which of the following is a principle of common law?
Which of the following is a principle of common law?
- Statute law overrules common law.
- All local laws are implemented equally.
- Judges make decisions based on past precedents. (correct)
- Judicial decisions are based on written codes.
What is the significance of the writ of habeas corpus in common law?
What is the significance of the writ of habeas corpus in common law?
Which act stipulates that the monarch has had no further legal power from 1701 onwards?
Which act stipulates that the monarch has had no further legal power from 1701 onwards?
What is a cornerstone of the adversarial system utilized in common law?
What is a cornerstone of the adversarial system utilized in common law?
How is civil law distinct from common law?
How is civil law distinct from common law?
What role do circuit judges play in the legal system?
What role do circuit judges play in the legal system?
What is the primary role of a solicitor?
What is the primary role of a solicitor?
What distinguishes a barrister who has 'taken silk'?
What distinguishes a barrister who has 'taken silk'?
Which of the following is NOT exempt from jury service?
Which of the following is NOT exempt from jury service?
What is the main feature of Common Law?
What is the main feature of Common Law?
What does the System of Equity aim to address?
What does the System of Equity aim to address?
Statute Law is characterized by which of the following?
Statute Law is characterized by which of the following?
In a courtroom, which party typically represents the prosecution?
In a courtroom, which party typically represents the prosecution?
What is the role of the Youth Offending Team (YOT) representative?
What is the role of the Youth Offending Team (YOT) representative?
What do aggravating factors do in the context of sentencing?
What do aggravating factors do in the context of sentencing?
What is an example of a mitigating factor?
What is an example of a mitigating factor?
Which item typically signifies the authority of a judge in court?
Which item typically signifies the authority of a judge in court?
What is a Youth Rehabilitation Order?
What is a Youth Rehabilitation Order?
Which professional role typically supports barristers in court?
Which professional role typically supports barristers in court?
What does the term 'lenient' refer to in sentencing?
What does the term 'lenient' refer to in sentencing?
What is one of the main functions of the UK Parliament?
What is one of the main functions of the UK Parliament?
Which monarch was the first to use the Palace of Westminster as their royal palace?
Which monarch was the first to use the Palace of Westminster as their royal palace?
Which advisory body assists the monarch in the UK?
Which advisory body assists the monarch in the UK?
What concept did the Magna Carta introduce that is fundamental to modern governance?
What concept did the Magna Carta introduce that is fundamental to modern governance?
Which of the following is NOT a function of Parliament?
Which of the following is NOT a function of Parliament?
What term describes the event in 1834 that resulted in a significant change to the Palace of Westminster?
What term describes the event in 1834 that resulted in a significant change to the Palace of Westminster?
Which Act regulates the right to the British Throne?
Which Act regulates the right to the British Throne?
Which chamber of Parliament consists of elected Members of Parliament?
Which chamber of Parliament consists of elected Members of Parliament?
What document established the Church of England?
What document established the Church of England?
What is the traditional term for the process where both Houses of Parliament must agree on a bill?
What is the traditional term for the process where both Houses of Parliament must agree on a bill?
Which of the following is NOT true about the roles of the Speaker in Parliament?
Which of the following is NOT true about the roles of the Speaker in Parliament?
What was the significant legal penalty enacted against Guy Fawkes for his actions in 1605?
What was the significant legal penalty enacted against Guy Fawkes for his actions in 1605?
Which of the following functions is NOT part of the monarch's role in the UK?
Which of the following functions is NOT part of the monarch's role in the UK?
What was the primary use of Westminster Hall when it was first built?
What was the primary use of Westminster Hall when it was first built?
What is the purpose of a youth rehabilitation order?
What is the purpose of a youth rehabilitation order?
Which of the following best describes the term 'curfew' in a sentencing context?
Which of the following best describes the term 'curfew' in a sentencing context?
What must a court consider when determining aggravating factors in a crime?
What must a court consider when determining aggravating factors in a crime?
In what situation can a defendant receive a shorter sentence?
In what situation can a defendant receive a shorter sentence?
Which of the following is NOT considered a mitigating factor?
Which of the following is NOT considered a mitigating factor?
What does the term 'community payback' refer to?
What does the term 'community payback' refer to?
Which of the following is an example of an aggravating factor in a crime?
Which of the following is an example of an aggravating factor in a crime?
What is the role of the parole board in relation to a life sentence?
What is the role of the parole board in relation to a life sentence?
Which of the following factors can lead to a more severe sentence?
Which of the following factors can lead to a more severe sentence?
In the context of sentencing, what does 'culpability' refer to?
In the context of sentencing, what does 'culpability' refer to?
What is one of the primary considerations when determining a sentence for murder?
What is one of the primary considerations when determining a sentence for murder?
In a case of involuntary manslaughter, what is primarily examined?
In a case of involuntary manslaughter, what is primarily examined?
What does the phrase 'callous disregard' imply in sentencing for violent offenses?
What does the phrase 'callous disregard' imply in sentencing for violent offenses?
What is an essential aspect of probation services?
What is an essential aspect of probation services?
What is the primary function of the House of Commons?
What is the primary function of the House of Commons?
Which statement about the process of a bill becoming law is true?
Which statement about the process of a bill becoming law is true?
What does the term parliamentary sovereignty refer to?
What does the term parliamentary sovereignty refer to?
Who has the final say over the House of Lords in legislative matters?
Who has the final say over the House of Lords in legislative matters?
Which of the following statements accurately describes a Green Paper?
Which of the following statements accurately describes a Green Paper?
What is the main role of the House of Lords?
What is the main role of the House of Lords?
Which court handles serious criminal offenses?
Which court handles serious criminal offenses?
What distinguishes a civil law case from a criminal law case?
What distinguishes a civil law case from a criminal law case?
What is the primary duty of circuit judges in County Courts?
What is the primary duty of circuit judges in County Courts?
What defines the role of the Court of Appeal?
What defines the role of the Court of Appeal?
Which document was a significant step towards constitutional law in England?
Which document was a significant step towards constitutional law in England?
Which of the following best describes a stipendiary magistrate?
Which of the following best describes a stipendiary magistrate?
What is the status of the Supreme Court in the UK legal system?
What is the status of the Supreme Court in the UK legal system?
What is the primary focus of tort law?
What is the primary focus of tort law?
Flashcards
Common Law
Common Law
Laws created by judges through decisions in court cases, rather than being written down by a legislature. It is based on precedents, which are previous decisions.
Civil law
Civil law
Laws are made by Parliament and written down, working closely with the government. Judges apply these written laws to specific cases.
Why is common law called 'common'?
Why is common law called 'common'?
The King appointed judges and had absolute power, creating a unified legal system for everyone in the kingdom. The King's law was the 'common' law for all.
Who created Common Law in England?
Who created Common Law in England?
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Circuit Judges
Circuit Judges
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Adversarial system
Adversarial system
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The writ of habeas corpus
The writ of habeas corpus
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Binding precedent
Binding precedent
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What is the Legislature?
What is the Legislature?
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What is the Executive?
What is the Executive?
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Trial by Ordeal
Trial by Ordeal
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Outcome
Outcome
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Remedy
Remedy
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What is precedent?
What is precedent?
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What is the power of the state?
What is the power of the state?
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What is justice?
What is justice?
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Who are the members of the House of Commons?
Who are the members of the House of Commons?
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Who are the members of the House of Lords?
Who are the members of the House of Lords?
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What is the Magna Carta?
What is the Magna Carta?
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What is a bill?
What is a bill?
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What is a White Paper?
What is a White Paper?
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Act of Parliament
Act of Parliament
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Legislation
Legislation
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Bill
Bill
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First Reading
First Reading
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Second Reading
Second Reading
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Committee Stage
Committee Stage
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Report Stage
Report Stage
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Third Reading
Third Reading
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Royal Assent
Royal Assent
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Criminal Law
Criminal Law
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Contract Law
Contract Law
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Tort Law
Tort Law
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Justice of the Peace (J.P.)
Justice of the Peace (J.P.)
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Stipendiary Magistrate
Stipendiary Magistrate
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Offender
Offender
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Curfew
Curfew
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Probation officer
Probation officer
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Custodial sentence
Custodial sentence
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Aggravating factors
Aggravating factors
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Mitigating factors
Mitigating factors
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Sentence
Sentence
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Tariff
Tariff
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Defense arguments
Defense arguments
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Subsequently
Subsequently
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Genuine remorse
Genuine remorse
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Retract
Retract
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Voluntary manslaughter
Voluntary manslaughter
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Involuntary manslaughter
Involuntary manslaughter
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Testimonial
Testimonial
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Solicitor
Solicitor
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Barrister
Barrister
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King's Counsel (KC)
King's Counsel (KC)
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Equity
Equity
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Statute Law
Statute Law
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Dock
Dock
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Sworn in
Sworn in
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Legal argument
Legal argument
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Jury box
Jury box
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Witness box
Witness box
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Recalled to the court
Recalled to the court
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Youth Offending Team (YOT)
Youth Offending Team (YOT)
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Study Notes
Common Law
- Common law is a legal system based on judicial decisions, not written laws. It develops through precedents. Judges look at past decisions to guide new ones.
- It's called "common" because it was the same law for everyone in the kingdom.
- Norman kings established it in England.
Difference Between Common Law and Civil Law
- Civil law: Made by Parliament, written down, and works closely with the government.
- Common law: Based on past judicial decisions.
Why is Common Law Called Common Law?
- The law applied equally to everyone within the kingdom.
Who Created Common Law in England?
- Descendants of William the Conqueror (Norman kings).
Legal System Before the Norman Conquest
- Local laws varied.
- People had ties to a lord or family for protection and legal matters.
- No separate criminal/civil law distinctions.
- Disputes resolved through oaths and compensations.
Why Did Norman Kings Start a New Legal System?
- Norman kings didn't know the local laws and needed to impose a system they could control better.
Circuit Judges
- Judges who traveled to decide cases in local courts, applying the common law.
Trial by Ordeal
- A method of determining guilt or innocence through painful tests. God's supposed judgment on the outcome.
Adversarial System in Common Law
- Two parties argue their case before a judge and jury to determine who is correct.
Important Rule Created by Common Law Judges
- The principle of innocence until proven guilty.
- The writ of habeas corpus, protecting against arbitrary detention.
Monarch's Legal Power
- The Act of Settlement of 1701 removed further legal power from the monarch.
Most Important Law at Present
- Statute law (passed by Parliament) is paramount, even over common law.
Principle of Binding Precedent
- Lower courts must follow decisions of higher courts.
- Judges are bound by precedents.
Parliament
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Developed from the king's advisory councils.
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Consists of the Monarch, House of Commons, and House of Lords.
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Main functions include legislation, scrutinizing the government, and managing public funds.
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Meets in the Palace of Westminster.
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The building dates to the 19th century.
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Contains Westminster Hall (used as a first law court)
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Parliament has developed from King's advisory councils comprised of Church ministers and landowning barons. These later form the House of Lords. With representatives of local communities forming the House of Commons, which are responsible for scrutinizing the government.
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Parliament is responsible for making new laws, amending current laws and examining how government spends its funds.
Magna Carta
- A charter signed by King John in 1215, limiting the monarchy's power and securing rights for barons. A step towards constitutional law.
UK Monarch
- Regulated by the Act of Settlement of 1701, establishing Protestant succession.
- Head of State, armed forces commander, and the Church of England.
- Advisory body is the Privy Council.
- Main duties include summoning, proroguing, and dissolving Parliament, giving Royal Assent to bills to become law, and approving government formation and minister appointments.
Legal Systems
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Civil law regulates disputes between people; compensation is typically sought by the injured party.
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Contract Law: Concerns agreements and allocated risks.
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Tort Law: Compensation for unforeseen damages from actions.
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Criminal law involves enforcing law and order for society's benefit.
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J.P.(Justice of the Peace): Lay magistrate without formal training.
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Stipendiary Magistrate: Professional, trained judge
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Crown Court: Handles serious criminal offenses (trial by judge and jury. Indictments given).
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County Courts: Deal with various civil cases (circuit judges preside).
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High Court of Justice: More complex civil cases.
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Court of Appeal: Upholds, amends or reverses lower court decisions, sometimes ordering new trials.
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Supreme Court: Final appeal court in the UK; predecessor the House of Lords.
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Solicitors: General legal advice, draft documents, represent in lower courts.
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Barristers: Specialist legal advice, represent in higher courts.
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"Taking Silk": Becoming a King's Counsel (KC).
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Jury service exemptions: Lawyers, clergy, civil servants, MPs.
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Common law: Developed royal judges, based on customs and decisions; now written down.
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Equity: Supplement to Common law to address injustices.
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Statute law: Written laws enacted by parliament.
Courtroom Procedures (General)
- Courtroom personnel: Clerk, usher, judge.
- Courtroom attire: Wigs, gowns.
- Court participants: Defendant, prosecution, witnesses, jury, public.
- Key roles: Defendant, Crown Prosecution Service, public, witnesses.
Different types of crime courts and procedures (Specific crimes)
- Robbery: Offense against person; aggravating and mitigating factors are considered in sentencing.
- Murder cases: Details on the offense, aggravating (intentionally harmed), and mitigating (no intent, mental state) factors considered, leading to sentencing guidelines.
- Manslaughter Cases: Details regarding intent, provocation, and related factors. Sentence dependent on circumstances.
- Vandalism: Consideration of criminal intent, remorse, and extenuating factors in the sentencing.
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Description
Explore the fundamentals of Common Law and how it contrasts with Civil Law. Understand the historical context behind the establishment of Common Law in England by the Norman kings and its reliance on judicial precedents. This quiz covers the essentials of these two distinct legal systems.
