Introduction to Law and Its Classification

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Questions and Answers

What is one advantage of using Alternative Dispute Resolution (ADR)?

It guarantees a favorable outcome for individuals.

It requires a jury trial.

It keeps the dispute confidential. (correct)

It is always free of charge.

What is a potential downside of mediations in ADR?

There is no way to enforce an agreement if one party backs out. (correct)

They can be more time-consuming than court cases.

They can lead to public exposure of sensitive information.

They always favor those with more legal experience.

What is the primary purpose of statutory interpretation?

To make laws irrelevant to current trends

To complicate the application of laws

To ensure laws remain aligned with their original intent (correct)

To allow judges to create new laws

How can power imbalances affect the ADR process?

They can allow more powerful parties to manipulate outcomes. Signup and view all the answers

How can statutory interpretation be viewed negatively?

It may give judges excessive power over legislative intent Signup and view all the answers

What is one challenge associated with arbitration in ADR?

It can still incur significant costs, particularly with multiple arbitrators. Signup and view all the answers

What was the outcome of the case Whiteley v Chappell (1868)?

The defendant was acquitted based on the literal rule Signup and view all the answers

What role do judges play within the judiciary?

They hold significant powers and career positions in the legal system. Signup and view all the answers

What analogy is used to describe ADR?

A high-stakes game of chess. Signup and view all the answers

What happens if both parties cannot reach an agreement in a civil case?

The case goes to trial. Signup and view all the answers

In R v Judge of the City of London Court (1892), what was the basis for the court's decision?

The literal interpretation of 'every person' Signup and view all the answers

What is the purpose of damages in a civil case?

To restore the claimant's loss. Signup and view all the answers

What is a characteristic of court cases compared to ADR?

They are public records accessible to anyone. Signup and view all the answers

What criticism is often associated with the literal rule of statutory interpretation?

It can lead to unreasonable or absurd outcomes Signup and view all the answers

What does the term 'Catch' refer to in the context of statutory interpretation?

The political implications of judges’ interpretations Signup and view all the answers

What can influence the effectiveness of ADR?

The strategies and negotiation skills employed by the parties. Signup and view all the answers

In the case of Caparo Industries v Dickman, what did the court determine regarding suing for negligence?

A close relationship with the defendant is necessary. Signup and view all the answers

What is a primary concern regarding delegated legislation?

It can lead to confusion due to its varying application. Signup and view all the answers

What role does the judge play in a trial?

The judge decides who is right and what the consequences will be. Signup and view all the answers

How is delegated legislation commonly perceived?

As a necessary evil that may lead to potential abuse. Signup and view all the answers

What result might occur when judges overly rely on their interpretation rather than sticking closely to the text?

Unpredictable judicial results Signup and view all the answers

Which aspect of statutory interpretation could lead to laws becoming outdated?

Changes in societal norms and values Signup and view all the answers

What does an injunction do in a civil law context?

It orders someone to stop doing something. Signup and view all the answers

Who typically makes the finer details of laws under delegated legislation?

Other delegated bodies like local councils or departments Signup and view all the answers

What is the outcome of a successful appeal?

The higher court can overturn or modify the original decision. Signup and view all the answers

What is a potential risk when laws are passed via Statutory Instruments (SIs)?

They are often enacted with minimal public attention. Signup and view all the answers

Which of the following scenarios is a concern regarding local councils and delegated legislation?

They can impose rules that residents may not be aware of until enforcement. Signup and view all the answers

How did the Donoghue v Stevenson case impact negligence law?

It recognized that manufacturers owe a duty of care to consumers. Signup and view all the answers

Why might delegated legislation be compared to a celebrity handing off tasks to an assistant?

Both can lead to poor decision-making if left unchecked. Signup and view all the answers

Why is the Civil Justice System important?

It provides remedies for rights violations and unfair treatment. Signup and view all the answers

What might happen if bodies delegated power do not follow guidelines set by Parliament?

It can create chaos and inconsistent application of laws. Signup and view all the answers

What is a commonly accepted disadvantage of delegated legislation?

It has the potential for abuse and lack of accountability. Signup and view all the answers

What is one reason parties may choose to settle in mediation?

To avoid the stress and cost of a public showdown Signup and view all the answers

What document is filed once mediation and negotiations fail?

Claim form Signup and view all the answers

What might the defendant include in their response to the claimant's statement?

A counterclaim against the claimant Signup and view all the answers

During the trial, what role do expert witnesses play?

They offer professional opinions on technical matters Signup and view all the answers

What happens after both sides present their evidence in the trial?

Both sides make closing arguments Signup and view all the answers

What is a possible type of remedy a judge can order after delivering their judgment?

Damages to compensate for harm or injury Signup and view all the answers

What is often a significant aspect of witness testimony during a trial?

Stronger witnesses enhance the credibility of a case Signup and view all the answers

What can complicate a judge's decision during a trial?

Conflicting expert opinions Signup and view all the answers

What is meant by 'time immemorial' in legal terms?

Before 1189 Signup and view all the answers

Which of the following is NOT one of the criteria for recognizing local customs?

Popularity Signup and view all the answers

What does the criterion of 'certainty' require for a local custom?

It must be clear and well-defined. Signup and view all the answers

What has largely replaced local customs in the modern legal framework?

Statutes and common law Signup and view all the answers

How is common law primarily developed?

By judicial decisions in previous cases Signup and view all the answers

Which of the following best describes the role of precedents in common law?

Precedents inform the judges on how to decide similar cases. Signup and view all the answers

Why was common law referred to as the 'Judges’ Legacy'?

It is derived from decisions made by judges over time. Signup and view all the answers

What happens when customs are deemed 'ridiculous or absurd'?

They cannot be legally recognized. Signup and view all the answers

Signup and view all the answers

Study Notes

Nature and Classification of Laws

English laws are designed to maintain social order and resolve disputes
Types of laws align with different societal needs
Laws serve to regulate behavior, resolve disputes, protect rights, and maintain social order

Purpose of Laws

Laws provide boundaries for acceptable behavior within society
Laws help resolve conflicts between individuals and groups
Laws are created to protect fundamental rights and freedoms of individuals
Laws help to ensure justice for those who cause societal harm
Laws help to maintain a stable society which allows for peaceful interaction

Public vs. Private Law

Public Law governs relationships between individuals and the state
Criminal Law - Deals with crimes against society
Constitutional Law - Deals with government operation and procedures, including rights
Administrative Law- Deals with public bodies
Private Law governs relationships between individuals or organizations
Contract Law - Deals with agreements between parties
Tort Law - Deals with civil wrongs (negligence or carelessness) between two persons
Family Law - Covers family matters (divorce, childcare)

Criminal Law

The state prosecutes because crimes affect society
The goal: punishment and deterrence
Standard of proof: "beyond a reasonable doubt"

Civil Law

It's a personal dispute between two parties
The goal: compensation or dispute resolution
Standard of proof: "on the balance of probabilities"

Substantive vs. Procedural Law

Substantive Law: Actual legal rules (e.g., stealing is unlawful)
Procedural Law: Enforcement of rules of the law (e.g., procedure of the theft case)

The Rule of Law

No one is above the law (not even the government)
Laws are clear, publicized, and equally applied to everyone
Legal processes are fair and protect fundamental rights

Customs: The Roots of the Law

Unwritten traditions shaping legal practices
Common Practices: behaviors followed for prolonged periods
Court Recognition: when customs were recognized as valid legal rules

Types of Customs

General Customs: applied to the whole country
Local Customs: specific to a certain region

Criteria for Recognizing Local Customs

Reasonableness: custom should not be absurd
Certainty: custom should be clear
Continuity: custom should have been practiced without interruption
Compulsory: people should feel obligated and not just do it for fun

Common Law: The Judges' Legacy

Principles developed from previous court cases (precedent)
Precedents guide the decisions in the future
Case Law: new issues and new judicial decisions
Flexibility: allows judges to adapt or create new precedents in response to societal changes

Equity: A Fairer Approach

Fairer system to address shortcomings of common law
Trusts: Protect assets for individuals when transferring
Injunctions: orders to stop certain actions
Specific Performance: legal enforcement of promises
Rescission: cancellation of a legal contract

Judicial Precedent: Playing Follow-the-Leader

Judges make decisions and create rules based on previous decisions (precedents)
Precedent creates consistency
Precedents might be based on the past (not up-to-date)
Binding Precedent: higher courts decision that lower courts follow
Persuasive Precedent: may be convincing to a lower court (not legally required to follow)

Statutory Interpretation: Decoding the Law Like a Secret Code

Judges consider the intention of Parliament when enacting
Judges determine the precise meaning of legal terms
Interpretation tools: Literal rule, Golden rule, Mischief rule, Purposive approach

Delegated Legislation: The Law's Little Helpers

Acts of Parliament provide specific directions to the other branches of government (e.g., administrative agencies)
This allows for the detailed application of policies and laws
This can be useful for efficiency, detailed implementation

The Civil Justice System: A Legal Soap Opera

Dispute resolution processes outside of court
Negotiation, mediation, arbitration are different forms of ADR, which allows parties to resolve conflicts outside a court

Judicial Independence: The Untouchable Judges?

Justices are meant to make unbiased decisions, free of political influence
It's not always easy and is subject to political issues and pressure

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Description

Explore the fundamental concepts of law, including its nature, purpose, and classification into public and private law. This quiz will help you understand how laws regulate behavior, resolve disputes, and protect individual rights within society.