Common Law vs. Civil Law Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

It prevents arbitrary detention by the government. Signup and view all the answers

Which act stipulates that the monarch has had no further legal power from 1701 onwards?

The Act of Settlement Signup and view all the answers

What is a cornerstone of the adversarial system utilized in common law?

The concept of a jury. Signup and view all the answers

How is civil law distinct from common law?

Civil law is created by Parliament and is documented. Signup and view all the answers

What role do circuit judges play in the legal system?

They hear cases in local courts across different regions. Signup and view all the answers

What is the primary role of a solicitor?

Provide general legal advice and represent clients in lower courts Signup and view all the answers

What distinguishes a barrister who has 'taken silk'?

They obtain the title of King’s Counsel (KC) Signup and view all the answers

Which of the following is NOT exempt from jury service?

Doctors Signup and view all the answers

What is the main feature of Common Law?

It develops through customs and judicial decisions Signup and view all the answers

What does the System of Equity aim to address?

To correct injustices from strict Common Law adherence Signup and view all the answers

Statute Law is characterized by which of the following?

It encompasses laws written and enacted by Parliament Signup and view all the answers

In a courtroom, which party typically represents the prosecution?

The Crown Prosecution Service Signup and view all the answers

What is the role of the Youth Offending Team (YOT) representative?

To liaise with multiple parties in youth court cases Signup and view all the answers

What do aggravating factors do in the context of sentencing?

They increase the severity of a sentence Signup and view all the answers

What is an example of a mitigating factor?

Demonstrating remorse for an offense Signup and view all the answers

Which item typically signifies the authority of a judge in court?

The Royal Coat of Arms Signup and view all the answers

What is a Youth Rehabilitation Order?

A sanction directing youths away from criminal behavior Signup and view all the answers

Which professional role typically supports barristers in court?

Instructing Solicitors Signup and view all the answers

What does the term 'lenient' refer to in sentencing?

A reduction in penalties or punishment severity Signup and view all the answers

What is one of the main functions of the UK Parliament?

Create new laws and amend existing ones Signup and view all the answers

Which monarch was the first to use the Palace of Westminster as their royal palace?

Queen Victoria Signup and view all the answers

Which advisory body assists the monarch in the UK?

The Privy Council Signup and view all the answers

What concept did the Magna Carta introduce that is fundamental to modern governance?

Rule of law Signup and view all the answers

Which of the following is NOT a function of Parliament?

Enforcing laws Signup and view all the answers

What term describes the event in 1834 that resulted in a significant change to the Palace of Westminster?

A fire Signup and view all the answers

Which Act regulates the right to the British Throne?

The Act of Settlement of 1701 Signup and view all the answers

Which chamber of Parliament consists of elected Members of Parliament?

The House of Commons Signup and view all the answers

What document established the Church of England?

The Act of Supremacy Signup and view all the answers

What is the traditional term for the process where both Houses of Parliament must agree on a bill?

Bicameral agreement Signup and view all the answers

Which of the following is NOT true about the roles of the Speaker in Parliament?

The Speaker votes on all matters Signup and view all the answers

What was the significant legal penalty enacted against Guy Fawkes for his actions in 1605?

Hanging, drawing, and quartering Signup and view all the answers

Which of the following functions is NOT part of the monarch's role in the UK?

Chief Justice of the Supreme Court Signup and view all the answers

What was the primary use of Westminster Hall when it was first built?

As a law court Signup and view all the answers

What is the purpose of a youth rehabilitation order?

To provide support and guidance to altering behavior Signup and view all the answers

Which of the following best describes the term 'curfew' in a sentencing context?

A ban on leaving a certain area at specific times Signup and view all the answers

What must a court consider when determining aggravating factors in a crime?

The cruelty of the attack and vulnerability of the victim Signup and view all the answers

In what situation can a defendant receive a shorter sentence?

If they plead guilty at the earliest opportunity Signup and view all the answers

Which of the following is NOT considered a mitigating factor?

A prior conviction for a similar crime Signup and view all the answers

What does the term 'community payback' refer to?

Community service completed by offenders Signup and view all the answers

Which of the following is an example of an aggravating factor in a crime?

The attack displayed extreme cruelty Signup and view all the answers

What is the role of the parole board in relation to a life sentence?

To determine if the offender can be released early Signup and view all the answers

Which of the following factors can lead to a more severe sentence?

Being intoxicated during the act Signup and view all the answers

In the context of sentencing, what does 'culpability' refer to?

The level of responsibility for the crime Signup and view all the answers

What is one of the primary considerations when determining a sentence for murder?

The use of weapons in the crime Signup and view all the answers

In a case of involuntary manslaughter, what is primarily examined?

The circumstances surrounding the death Signup and view all the answers

What does the phrase 'callous disregard' imply in sentencing for violent offenses?

A lack of empathy for victims Signup and view all the answers

What is an essential aspect of probation services?

Monitoring offenders after release from prison Signup and view all the answers

What is the primary function of the House of Commons?

To debate political issues and scrutinize government work Signup and view all the answers

Which statement about the process of a bill becoming law is true?

The bill undergoes multiple readings and stages in Parliament Signup and view all the answers

What does the term parliamentary sovereignty refer to?

Parliament's ability to legislate on any issue without restraint Signup and view all the answers

Who has the final say over the House of Lords in legislative matters?

The House of Commons Signup and view all the answers

Which of the following statements accurately describes a Green Paper?

It invites public feedback on a legislative proposal Signup and view all the answers

What is the main role of the House of Lords?

To make and shape laws and challenge government actions Signup and view all the answers

Which court handles serious criminal offenses?

Crown Court Signup and view all the answers

What distinguishes a civil law case from a criminal law case?

Civil law cases seek compensation between individuals, while criminal law involves the state prosecuting wrongdoers Signup and view all the answers

What is the primary duty of circuit judges in County Courts?

To handle civil cases and disputes Signup and view all the answers

What defines the role of the Court of Appeal?

To review, uphold, amend, or reverse decisions made by lower courts Signup and view all the answers

Which document was a significant step towards constitutional law in England?

The Magna Carta Signup and view all the answers

Which of the following best describes a stipendiary magistrate?

A judge with extensive experience and formal training Signup and view all the answers

What is the status of the Supreme Court in the UK legal system?

It serves as the highest court of appeal, established in 2009 Signup and view all the answers

What is the primary focus of tort law?

To address unforeseen damages caused by actions or negligence Signup and view all the answers

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

Developed from the king's advisory councils.
Consists of the Monarch, House of Commons, and House of Lords.
Main functions include legislation, scrutinizing the government, and managing public funds.
Meets in the Palace of Westminster.
The building dates to the 19th century.
Contains Westminster Hall (used as a first law court)
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.
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

Civil law regulates disputes between people; compensation is typically sought by the injured party.
Contract Law: Concerns agreements and allocated risks.
Tort Law: Compensation for unforeseen damages from actions.
Criminal law involves enforcing law and order for society's benefit.
J.P.(Justice of the Peace): Lay magistrate without formal training.
Stipendiary Magistrate: Professional, trained judge
Crown Court: Handles serious criminal offenses (trial by judge and jury. Indictments given).
County Courts: Deal with various civil cases (circuit judges preside).
High Court of Justice: More complex civil cases.
Court of Appeal: Upholds, amends or reverses lower court decisions, sometimes ordering new trials.
Supreme Court: Final appeal court in the UK; predecessor the House of Lords.
Solicitors: General legal advice, draft documents, represent in lower courts.
Barristers: Specialist legal advice, represent in higher courts.
"Taking Silk": Becoming a King's Counsel (KC).
Jury service exemptions: Lawyers, clergy, civil servants, MPs.
Common law: Developed royal judges, based on customs and decisions; now written down.
Equity: Supplement to Common law to address injustices.
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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.