Legal Systems Overview and Comparison

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Questions and Answers

What does the term 'likely' mean as defined by case law?

An assumption based on past events

A real possibility (correct)

An absolute certainty

A vague expectation

How is the term 'significant' interpreted in a legal context?

Only applicable in criminal law

Relative to the specific case

Considerable, noteworthy or important (correct)

Minor and inconsequential

What is the main characteristic that distinguishes a common law system from a civil law system?

Common law relies on precedents and judicial rulings (correct)

Common law is based on codified statutes only

Common law allows for broader legislative authority

Common law does not involve the interpretation of statutes

In the context of legal definitions, what does the present tense imply regarding the risk of a child at the time a care order is sought?

The child does not need to be at risk at that exact moment Signup and view all the answers

What does 'codification' refer to in a civil law system?

The creation of comprehensive statutes or codes Signup and view all the answers

What defines a legal system in a particular jurisdiction?

A system of legal rules governing a geographical area. Signup and view all the answers

Which of the following statements is true about the English Legal System?

It relies on both legislation and case law. Signup and view all the answers

What is the primary source of law in a common law system?

Both judges' rulings and legislation. Signup and view all the answers

How does the Civil law system differ from the Common law system?

It is based around the concept of codification. Signup and view all the answers

What is the doctrine of precedent in the Common law system?

Previous court rulings influence current cases. Signup and view all the answers

Which of the following is an example of primary legislation?

An Act of Parliament directly made by Parliament. Signup and view all the answers

In the context of the English Legal System, what is secondary legislation?

Legislation made by Parliament that provides details to primary legislation. Signup and view all the answers

What happens when legislation is enacted by Parliament in a common law system?

Judges will interpret and refine the law. Signup and view all the answers

What primarily constitutes secondary legislation?

Statutory instruments Signup and view all the answers

What is the role of judges when there is existing legislation on a topic?

Interpret the legislation Signup and view all the answers

Which case is noted for establishing the law of negligence?

Donoghue v Stevenson Signup and view all the answers

What does the doctrine of precedent entail?

Decisions of higher courts must be followed Signup and view all the answers

What does the term 'threshold test' refer to in the context of legal responsibilities towards children?

Establishing significant harm or likelihood of it Signup and view all the answers

Which of the following is true about the relationship between statutes and case law?

Statutes are superior to case law Signup and view all the answers

What is the definition of 'harm' under section 31(9) of the Children Act?

Ill-treatment or impairment of health or development Signup and view all the answers

Which statement about judges' powers is accurate?

They must interpret and apply existing statutes Signup and view all the answers

Study Notes

Legal Systems Overview

A legal system comprises rules governing a specific geographical area, known as a jurisdiction, which may not align with political boundaries.
The United Kingdom features three distinct legal systems:
- England and Wales (often referred to as the English Legal System)
- Scotland
- Northern Ireland

Common Law vs. Civil Law Systems

Common Law System:
- Emphasizes case law; judges' rulings play a pivotal role.
- The doctrine of precedent guides current cases based on past rulings.
- Parliamentary legislation is a source of law but is interpreted by judges, allowing case law to develop further even when legislation exists.
- Primary sources include both legislation and case law.
Civil Law System:
- Based on Roman law and focuses on codification (comprehensive codes/statutes).
- Decisions are made by applying individual case circumstances directly to these codes, minimizing the role of case law and the doctrine of precedent.

Sources of Law in the UK

Legislation is categorized into:
- Primary Legislation: Statutes or Acts made by Parliament.
- Secondary Legislation: Statutory instruments, mainly regulations authorized by Parliament.
Case law emerges predominantly from higher court decisions and is documented in Law Reports.

Interaction of Legislation and Case Law

In areas with legislation, judges interpret the law while referring to previous case law as guidance.
The law of negligence is exemplified by the landmark case Donoghue v Stevenson, where judicial decisions shaped legal principles.
Statutes take precedence over case law; however, judges' interpretations of statutes become part of the law under the doctrine of precedent.

Statutory Interpretation Example

The Children Act outlines a threshold test for care orders, emphasizing the child's risk of significant harm.
Key terms (e.g., "likely," "significant," "is") are subject to interpretation through both statutory definitions and case law, illustrating the interaction between legislation and case law in common law systems.

Importance of Precedent

The doctrine of precedent ensures that judicial interpretations are relevant in future cases, creating a cohesive legal framework that practitioners must navigate.
Legal practitioners need to research and apply a combination of statutory and case law to provide effective client advice.

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Description

Explore the differences between common law and civil law systems, as well as the unique legal frameworks of the UK, Scotland, and Northern Ireland. This quiz evaluates your understanding of how legal systems operate within various jurisdictions and their fundamental principles.