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?

<p>They can allow more powerful parties to manipulate outcomes. (B)</p> Signup and view all the answers

How can statutory interpretation be viewed negatively?

<p>It may give judges excessive power over legislative intent (D)</p> Signup and view all the answers

What is one challenge associated with arbitration in ADR?

<p>It can still incur significant costs, particularly with multiple arbitrators. (C)</p> Signup and view all the answers

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

<p>The defendant was acquitted based on the literal rule (B)</p> Signup and view all the answers

What role do judges play within the judiciary?

<p>They hold significant powers and career positions in the legal system. (D)</p> Signup and view all the answers

What analogy is used to describe ADR?

<p>A high-stakes game of chess. (A)</p> Signup and view all the answers

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

<p>The case goes to trial. (D)</p> 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?

<p>The literal interpretation of 'every person' (D)</p> Signup and view all the answers

What is the purpose of damages in a civil case?

<p>To restore the claimant's loss. (B)</p> Signup and view all the answers

What is a characteristic of court cases compared to ADR?

<p>They are public records accessible to anyone. (B)</p> Signup and view all the answers

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

<p>It can lead to unreasonable or absurd outcomes (B)</p> Signup and view all the answers

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

<p>The political implications of judges’ interpretations (C)</p> Signup and view all the answers

What can influence the effectiveness of ADR?

<p>The strategies and negotiation skills employed by the parties. (A)</p> Signup and view all the answers

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

<p>A close relationship with the defendant is necessary. (D)</p> Signup and view all the answers

What is a primary concern regarding delegated legislation?

<p>It can lead to confusion due to its varying application. (D)</p> Signup and view all the answers

What role does the judge play in a trial?

<p>The judge decides who is right and what the consequences will be. (A)</p> Signup and view all the answers

How is delegated legislation commonly perceived?

<p>As a necessary evil that may lead to potential abuse. (A)</p> Signup and view all the answers

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

<p>Unpredictable judicial results (A)</p> Signup and view all the answers

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

<p>Changes in societal norms and values (A)</p> Signup and view all the answers

What does an injunction do in a civil law context?

<p>It orders someone to stop doing something. (A)</p> Signup and view all the answers

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

<p>Other delegated bodies like local councils or departments (D)</p> Signup and view all the answers

What is the outcome of a successful appeal?

<p>The higher court can overturn or modify the original decision. (D)</p> Signup and view all the answers

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

<p>They are often enacted with minimal public attention. (D)</p> Signup and view all the answers

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

<p>They can impose rules that residents may not be aware of until enforcement. (B)</p> Signup and view all the answers

How did the Donoghue v Stevenson case impact negligence law?

<p>It recognized that manufacturers owe a duty of care to consumers. (C)</p> Signup and view all the answers

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

<p>Both can lead to poor decision-making if left unchecked. (B)</p> Signup and view all the answers

Why is the Civil Justice System important?

<p>It provides remedies for rights violations and unfair treatment. (B)</p> Signup and view all the answers

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

<p>It can create chaos and inconsistent application of laws. (D)</p> Signup and view all the answers

What is a commonly accepted disadvantage of delegated legislation?

<p>It has the potential for abuse and lack of accountability. (C)</p> Signup and view all the answers

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

<p>To avoid the stress and cost of a public showdown (D)</p> Signup and view all the answers

What document is filed once mediation and negotiations fail?

<p>Claim form (D)</p> Signup and view all the answers

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

<p>A counterclaim against the claimant (C)</p> Signup and view all the answers

During the trial, what role do expert witnesses play?

<p>They offer professional opinions on technical matters (B)</p> Signup and view all the answers

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

<p>Both sides make closing arguments (A)</p> Signup and view all the answers

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

<p>Damages to compensate for harm or injury (B)</p> Signup and view all the answers

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

<p>Stronger witnesses enhance the credibility of a case (C)</p> Signup and view all the answers

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

<p>Conflicting expert opinions (D)</p> Signup and view all the answers

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

<p>Before 1189 (A)</p> Signup and view all the answers

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

<p>Popularity (A)</p> Signup and view all the answers

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

<p>It must be clear and well-defined. (B)</p> Signup and view all the answers

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

<p>Statutes and common law (C)</p> Signup and view all the answers

How is common law primarily developed?

<p>By judicial decisions in previous cases (A)</p> Signup and view all the answers

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

<p>Precedents inform the judges on how to decide similar cases. (C)</p> Signup and view all the answers

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

<p>It is derived from decisions made by judges over time. (A)</p> Signup and view all the answers

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

<p>They cannot be legally recognized. (A)</p> Signup and view all the answers

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Flashcards

Local Customs

Legal traditions specific to a certain area, recognized only if meeting strict criteria.

Criteria for Recognizing Local Customs

Criteria that must be met for a local custom to be legally recognized.

Reasonableness

The custom must be reasonable and not absurd or ridiculous.

Certainty

The custom must be clearly defined with no room for confusion.

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Continuity

The custom must have been practiced continuously without interruption for a significant period of time.

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Compulsory

The custom must be something people feel obligated to follow, not just something they do for fun.

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Common Law

The body of legal principles and rules developed by judges through decisions in past cases.

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Precedents

Previous judicial rulings that guide future decisions on similar cases.

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Civil Justice System

A legal process where individuals or businesses can seek compensation for harm caused by another party.

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Specific Performance

A court order compelling someone to fulfill a contractual obligation they've broken.

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Counterclaim

A legal claim against someone who has already filed a lawsuit against you. You essentially counter their claim with your own.

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Trial

The stage of a lawsuit where witnesses testify, lawyers present evidence, and a judge decides who is responsible.

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Literal rule

The literal rule focuses on the exact words of the law, ignoring any other possible interpretations or meanings.

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Judgment

An official decision made by a judge or jury after a lawsuit is completed.

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Whiteley v Chappell (1868)

In this case, the defendant impersonated a deceased person who was listed on the voter's register. The court, applying the literal rule, found him not guilty because a deceased person cannot vote. This shows how the literal rule can bring about absurd results.

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Damages

Money awarded to a person who has been harmed by someone else's actions.

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R v Judge of the City of London Court (1892)

In this case, the defendant was found guilty of contempt of court for failing to attend jury duty. The statute stated that "every person who fails to attend" should be fined, but the defendant argued he was not included because he had a valid excuse. The court applied the literal rule, finding him guilty.

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Purposive approach

A method of interpreting statutes that considers the objective or purpose for which the law was passed.

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Injunction

A court order requiring someone to do or stop doing something.

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Negligence

The legal principle that a duty of care exists to prevent harm to others, even if there's no direct relationship or contract.

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When is purposive approach used?

The purposive approach is used to avoid absurd results. It takes into account the law's intention and purpose.

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Golden Rule

The golden rule allows the court to deviate from the literal meaning of a statute when applying it in a specific case, but only when the literal meaning would result in an absurdity or inconsistency.

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Mischief rule

This rule acknowledges that language can be ambiguous, suggesting that judges should look at the broader context and purpose of the law to find its true meaning.

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The mischief rule's impact on a specific case.

In this case, the defendant was found not guilty because the court interpreted the law in a way that made sense in light of its broader purpose.

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Mediation

A pre-trial process where parties try to reach an agreement without going to court.

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Claim Form

The official document that starts a legal case.

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Claimant's Statement of Case

The claimant's detailed description of their complaint and what they want from the court.

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Defendant's Defence

The defendant's response to the claim, which can include denial, argument for insufficient evidence, or justification.

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Witness Testimony

People who provide information relevant to the case based on their knowledge or observations.

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Expert Evidence

Specialists who give their expert opinions on technical aspects of the case, like doctors, accountants, or engineers.

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Delegated Legislation

When Parliament gives other bodies the power to make laws on specific topics.

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Abuse of Delegated Legislation

The potential for abuse or misuse of the power to make laws granted by Parliament.

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Statutory Instruments (SIs)

Official rules and regulations created through delegated legislation, often passed without much public scrutiny.

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Delegation of Law-making Powers

The process of making laws when Parliament gives certain powers to other bodies like government departments or local councils.

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Everyday Rules and Regulations

Rules or regulations that are made through delegated legislation by bodies like local councils or government departments, and can affect your daily life.

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Unequal Application of Laws

The potential for inconsistency in the application of rules and regulations across different areas due to variations in local legislation.

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Bodies Deviating from Parliament's Guidelines

The potential for delegated bodies to deviate from the guidelines set by Parliament, leading to unwanted consequences.

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Parliament's Role in Delegated Legislation

The process of making laws by Parliament that involves establishing general principles, while details and specific regulations are left to other bodies to decide.

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Alternative Dispute Resolution (ADR)

A private process for resolving disputes outside of a courtroom.

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Arbitration

A method of ADR where a neutral third party makes a legally binding decision.

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Power Imbalance

A potential problem in ADR where one party has more power and can manipulate the process to their advantage.

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Lack of Enforcement

A risk in mediation where parties may not follow the agreed-upon resolution.

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Arbitration Costs

A potential disadvantage of arbitration where costs can exceed initial expectations.

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Judiciary

The system of courts and judges that interprets and enforces the law.

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Judges

Individuals in the judiciary responsible for presiding over court cases and making legal decisions.

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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
  • 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.

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