Legal System in the UK

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Questions and Answers

What is the primary objective of civil courts?

To restore parties to their previous positions as much as possible. (correct)

To punish defendants for wrongdoing.

To ensure that the State's interests are represented in legal disputes.

To determine the guilt or innocence of the defendant.

Which party initiates a complaint or action in a criminal case?

Judge

Defendant

Prosecutor (correct)

Claimant

What is the standard of proof required in a criminal case?

Preponderance of the evidence

Beyond reasonable doubt (correct)

Clear and convincing evidence

Balance of probabilities

What is the outcome for a defendant found liable in a civil case?

They may be required to pay damages and/or obey court orders. (C) Signup and view all the answers

Which of the following is NOT a characteristic of a civil court case?

The objective is to punish the defendant. (C) Signup and view all the answers

Which of the following is NOT a source of law in the English legal system?

Civil law (A) Signup and view all the answers

What is the principle called that requires courts to follow previous decisions in similar cases?

Stare decisis (B) Signup and view all the answers

What does 'matter of first impression' refer to in the context of common law?

A case with unique facts and legal issues that haven't been decided before (A) Signup and view all the answers

What is the primary feature that distinguishes equity from common law?

Equity focuses on fairness and flexibility, while common law emphasizes strict adherence to precedent. (B) Signup and view all the answers

Which of the following is NOT a characteristic of common law?

Based on codified statutes (B) Signup and view all the answers

What is the significance of 'maxims' in relation to equity?

Maxims are statements of principle that guide the application of equitable remedies. (A) Signup and view all the answers

Which of the following is an example of a legal jurisdiction within the United Kingdom?

England and Wales (A) Signup and view all the answers

Which of the following is NOT a requirement for a custom to be considered legally binding?

The custom must be recognized by the English courts. (C) Signup and view all the answers

Which of the following is NOT a source of law mentioned in the text?

Constitutions (C) Signup and view all the answers

What is the primary function of Her Majesty’s Courts of Justice of England and Wales?

Administering the legal system in England and Wales. (B) Signup and view all the answers

Which of the following is NOT a distinct legal jurisdiction in the UK?

Republic of Ireland (D) Signup and view all the answers

What is the role of HMCTS in the legal system?

Administering the courts and tribunals. (C) Signup and view all the answers

Which of the following courts is NOT administered by HMCTS?

Supreme Court (C) Signup and view all the answers

What is the highest appeal court in almost all cases in England and Wales, as well as in civil cases in Scotland?

Supreme Court (D) Signup and view all the answers

Which of the following is a reason why customs may not be legally binding in England?

They are not recognized by the English courts. (A) Signup and view all the answers

How did the Supreme Court come into existence?

It was created by an act of Parliament. (C) Signup and view all the answers

What is the maximum financial value of a trial that a District Judge can hear in the County Court?

£25,000 (B) Signup and view all the answers

Where is the County Court's jurisdiction derived from?

The County Courts Act 1984 (D) Signup and view all the answers

What type of cases does the County Court deal with exclusively?

Civil cases (C) Signup and view all the answers

What is the role of the judge in an adversarial legal system?

To act as a referee or arbiter (D) Signup and view all the answers

Which of the following is NOT a primary court of first instance in England and Wales?

The Supreme Court (C) Signup and view all the answers

In what situations is a case automatically transferred to the defendant's local County Court hearing centre?

If the case is for a fixed amount of money owed by an individual (B) Signup and view all the answers

Who presides over the County Court?

Circuit Judges or Recorders (C) Signup and view all the answers

What is the defining characteristic of the English legal system?

It is adversarial (D) Signup and view all the answers

Which of the following statements is TRUE regarding the relationship between the UK Parliament and Senedd Cymru in relation to devolved matters?

The UK Parliament typically refrains from legislating on devolved matters without Senedd Cymru's consent. (A) Signup and view all the answers

According to the content, what is the primary purpose of constitutional conventions?

To ensure the smooth functioning of the government by setting unwritten rules of conduct. (D) Signup and view all the answers

How does the UK Parliament exercise its law-making authority?

Through parliamentary legislation and delegated legislation by government ministers. (A) Signup and view all the answers

Which of the following are considered works of authority when it comes to understanding the UK Constitution?

Writings of 19th and early 20th Century constitutionalists such as A.V. Dicey. (B) Signup and view all the answers

What is the difference between retained EU law and EU law that was passed before IP completion day?

Retained EU law is no longer binding on the UK, while pre-IP completion day EU law still prevails. (D) Signup and view all the answers

What is the significance of the term "IP completion day" in this context?

It marks the date from which UK domestic laws supersede any conflicting EU law. (A) Signup and view all the answers

What is the primary function of the High Court in England and Wales?

To act as a court of first instance for high-value or specified claims and as an appellate court for cases from lower courts (D) Signup and view all the answers

Which division of the High Court is dedicated to disputes related to contracts for land, trusts, and estates?

Chancery Division (C) Signup and view all the answers

Which of the following is NOT considered a law-making institution in the English legal system?

The Bank of England (A) Signup and view all the answers

Which of the following is NOT a specialized court within the King's Bench Division?

Insolvency and Companies Court (D) Signup and view all the answers

Which of these is an example of how conventions affect the UK government's operations?

The requirement for the Government to resign if it loses a vote of no confidence in the House of Commons. (B) Signup and view all the answers

What type of claims are typically handled by the Administrative Court of the King's Bench Division?

Challenges to government decisions on legal grounds (A) Signup and view all the answers

The President of which division of the High Court is also known as the Chancellor of the High Court?

Chancery Division (D) Signup and view all the answers

What is the primary purpose of the Business and Property Courts?

To consolidate and streamline the process of settling disputes related to business and property (B) Signup and view all the answers

Which of the following is a common type of civil action heard by the King's Bench Division?

Breach of contract (D) Signup and view all the answers

In what year did the Senior Courts Act, formerly the Supreme Court Act, establish the structure and jurisdiction of the High Court?

1981 (D) Signup and view all the answers

Study Notes

The Legal System

The United Kingdom has three legal jurisdictions: England and Wales, Scotland, and Northern Ireland.
The English legal system has various sources of law including common law, equity, Acts of Parliament, statutory instruments, international treaties, EU law, conventions, works of authority, and custom.
Common law is a system of laws that evolve from judicial decisions, creating precedents binding on future decisions.
Case law, or precedent, is subordinate to legislation passed by Parliament.
Stare decisis is the principle where similar cases should be decided according to consistent principles.
The principle of Equity seeks justice when strict application of law would be overly harsh.
Acts of Parliament are primary instruments of law made by Parliament.
Parliamentary sovereignty means that Parliament is the ultimate law-making body in the UK.
Statutory Instruments are subordinate legislation that allows Acts to be amended without new Acts.
Acts of the Senedd Cymru have equal status to UK Parliament Acts regarding devolved matters.
International treaties are international agreements between countries (conventions, protocols or charters).
EU law no longer prevails over UK domestic law passed after 31 December 2020 ("IP completion day"), but still prevails with respect to interpretation of pre-IP completion day.
Conventions and customary adherence give them authority and effect.
The judiciary (the Parliament, Government, Sovereign, courts, and judiciary) are law-making institutions in the English legal system.
Customs are rules which have gained legal force.

Courts of England and Wales

The civil and criminal courts are part of Her Majesty's Courts and Tribunals Service.
The Supreme Court is the highest court of appeal for civil cases, along with England and Wales.
Magistrates' Courts deal with summary offences.
Crown courts handle serious criminal offences and appeals from Magistrates' Courts.
Civil courts aim to restore the parties involved to their original position, rather than punish, in cases of disputes.
The objective of criminal courts is to allow the State to punish people for offences against society.
The 51% probability test applies in civil cases, whereas the 99% test applies in criminal cases.
Courts will sometimes hear cases on whether the laws passed were correct or not, with judicial review and case stated.

Court Structure and Jurisdiction

The structure of civil courts in England and Wales involves the High Court (for higher value cases) and the County Court (for lower value cases).
The High Courts are divided into three Divisions: King's Bench, Chancery, and Family.
The hierarchical structure of the courts in the UK has the UK Supreme Court at the top.
Appeals can be made between courts at different levels of the court system hierarchy.
There is a right to trial by jury in some civil cases, mainly those involving fraud, malicious prosecution, or false imprisonment.
Other tribunals such as Employment Tribunals or Mental Health Act Tribunals exist.

The Doctrine of Precedent

The doctrine of precedent requires courts to follow previous decisions in similar cases where similar facts are involved.
The ratio decidendi is the binding principle of law of a previous court's decision.
Obiter dicta are statements made by a judge that are not necessary for the decision.
The Supreme Court, High Court, Court of Appeal, and lower courts observe binding precedent.
The Court of Appeal can overrule any of its earlier decisions, if needed or in error.

Sources of EU Law

EU law consists of treaties, regulations, directives, and decisions.
EU treaties establish the powers of European institutions and determine the framework for policies.
Regulations apply automatically across all EU countries.
Directives require countries to achieve certain goals.
Decisions are binding on the addressees.
EU law is considered primary law.
Secondary EU law is made within the limits of the EU's powers.
EU law has direct effect in national courts but is subject to varying interpretation based on how it's used across EU member states.

Retained EU law

EU law that continues to apply within the UK post-Brexit
The WA between the UK and EU ensures the continuing effect of EU law.
Domestic law derived from the UK's EU obligations.
EU-Derived Domestic Legislation - gives effect to EU-derived domestic law.
Direct EU Legislation - includes EU regulations, decisions or tertiary legislation existing prior to IP completion day.
Residually Retained EU law - recognises and permits the continuation of pre-IP completion day rights in domestic law.

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Description

This quiz explores the complex framework of the legal system in the United Kingdom, covering its three main jurisdictions and various sources of law. It delves into critical principles such as common law, equity, Acts of Parliament, and the concept of parliamentary sovereignty. Test your understanding of these foundational legal concepts!