Sources of Law and Burden of Proof
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Questions and Answers

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?

  • 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?

  • Clear and convincing evidence
  • Preponderance of the evidence
  • Balance of probabilities
  • Beyond reasonable doubt (correct)
  • What happens when Parliament delegates its law-making authority?

    <p>It results in statutory instruments or by-laws.</p> Signup and view all the answers

    How are criminal trials generally conducted in terms of jury involvement?

    <p>Criminal trials primarily involve jury trials.</p> Signup and view all the answers

    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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    Description

    Explore the fundamental sources of law in England, including legislation, common law, and the standards of proof used in civil and criminal cases. This quiz delves into the distinctions between civil and criminal procedures, as well as the roles of courts in both types of cases. Test your knowledge on these critical legal concepts.

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