Podcast
Questions and Answers
What is the primary source of law in England?
What is the primary source of law in England?
- Delegated Legislation
- Acts of Parliament (correct)
- Customs and Conventions
- European Union Law
Which statement is true regarding civil cases?
Which statement is true regarding civil cases?
- Civil cases are always heard in Crown Court.
- All civil cases require representation by a solicitor.
- Civil cases must involve a jury at all times.
- Civil cases frequently settle or mediate before trial. (correct)
What is the burden of proof in criminal cases?
What is the burden of proof in criminal cases?
- Clear and convincing evidence
- Preponderance of the evidence
- Balance of probabilities
- Beyond reasonable doubt (correct)
What happens when Parliament delegates its law-making authority?
What happens when Parliament delegates its law-making authority?
How are criminal trials generally conducted in terms of jury involvement?
How are criminal trials generally conducted in terms of jury involvement?
Flashcards
Primary Legislation
Primary Legislation
Acts of Parliament, also known as statutes, are the top source of law in England.
Delegated Legislation
Delegated Legislation
Parliament can give power to other bodies or individuals to create laws under their authority. This type of law comes under primary legislation.
Civil Cases
Civil Cases
Civil cases are usually heard in county court or high court. Procedures are less formal and cases settle or mediate before trial.
Criminal Cases
Criminal Cases
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Burden of Proof
Burden of Proof
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Study Notes
Sources of Law
- Legislation is a primary source of law in England, enacted by Parliament as statutes or Acts of Parliament.
- Parliament can also delegate its law-making authority to other bodies or individuals, creating secondary legislation, like statutory instruments or by-laws.
- Common law, EU law (no longer part of the EU), customs, and conventions are additional sources.
Burden of Proof
- Civil cases use the "balance of probabilities" standard.
- Criminal cases demand "beyond a reasonable doubt" proof.
Procedures
- Civil cases are typically heard in county or high courts, with procedures less formal than criminal trials. Resolutions can potentially occur through settlements or mediation prior to a trial.
- Criminal cases, depending on severity, commence in magistrates' or Crown courts; Crown court often necessitates a jury.
- Criminal cases have formal procedures, with juries frequently involved in Crown court cases.
- Civil cases offer judicial or jury option. Criminal cases generally use jury.
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