Sources of Law and Procedures in England
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Questions and Answers

What is the primary source of law in England?

  • Customs and Conventions
  • Common Law
  • Acts of Parliament (correct)
  • Law of the EU

Which type of law requires the burden of proof to be met by the balance of probabilities?

  • Civil Law (correct)
  • Constitutional Law
  • Criminal Law
  • Administrative Law

In which court are serious criminal cases typically heard?

  • High Court
  • Magistrates' Court
  • Crown Court (correct)
  • County Court

Which of the following statements about hearings is true?

<p>Civil cases can be resolved through settlement before trial. (C)</p> Signup and view all the answers

What is the characteristic of the burden of proof in criminal cases?

<p>It requires proof beyond reasonable doubt. (B)</p> Signup and view all the answers

Flashcards

Acts of Parliament

Laws made by Parliament, also known as statutes.

Delegated Legislation

Laws made by other bodies or individuals under authority delegated by Parliament.

Common Law

Laws based on past judicial decisions, establishing precedents for future cases.

Balance of Probabilities

The standard of proof needed in civil cases. It means that the court must be more likely than not that the claim is true.

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Beyond Reasonable Doubt

The standard of proof needed in criminal cases. It means that the court must be completely sure that the defendant is guilty.

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Study Notes

Sources of Law

  • Legislation is a primary source of law in England, made by Parliament in the form of Acts of Parliament.
  • Parliament can delegate law-making authority to other bodies or individuals, creating secondary legislation (e.g., statutory instruments, by-laws).
  • The common law is also a source of law.
  • EU law is no longer part of English law.
  • Customs and conventions are also a source of law.

Burden of Proof

  • Civil cases: balance of probabilities
  • Criminal cases: beyond reasonable doubt

Procedures

  • Civil cases in England are typically heard in county or high courts, depending on complexity and value. Procedure is less formal than criminal trials, and resolution may occur through settlement or mediation.
  • Criminal cases are usually heard in magistrates' or Crown Courts; less serious offences are heard in Magistrates' courts, and more serious offences in Crown courts.
  • Criminal trials are more formal, often including a jury.
  • In civil cases, parties can choose a single judge or a jury. In criminal cases, a single judge is less common.

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Description

Explore the fundamental sources of law in England, including legislation, common law, and procedural differences between civil and criminal cases. This quiz covers the burden of proof standards and the roles of various courts in the legal system.

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