English Legal System

law made by judges through their past decisions, not through specific statutes

Common Law relies on judicial precedent and case law, whereas Civil Law relies on codified statutes/laws.

Using the outcomes of previous, similar cases to decide an outcome of the present one.

Yes

The specific rule or principal followed from a past decision

Case law covers the whole collection of past judicial rulings, whereas judicial precedent covers a singular principal taken.

A set of powers and privileges belonging to the monarch that can be used without parliamentary authorisation.

He signs bills, turning them into Acts.

1. Parliament can make any law it wants
2. Parliamentary laws override all other law (case, common)
3. Parliament can overturn past laws made.

Separates government into 3 parts to not allow one power to have total control

1. Legislative - makes law
2. Executive - administers the law
3. Judicial - resolves legal cases and disputes

Laws must be certain and ensure basic freedoms, law is made for the future, and all citizens are subject to the same treatment.

A natural person or a legal person.

A legal person(s) are not actually people, but are in the law's eyes (e.g corporations)
A natural person is an individual

Public and Private law
all other law comes beneath these two.

Public law deals with the relationship between the citizen and the state.
Private law deals with the relationship between individuals.

public law

to decide guilt and punishment on behalf of society.

Proof beyond a reasonable doubt

the Magistrates or the Crown Court jury.

to resolve small-scale disputes and provide a remedy

Balance of probabilities

In a County court (primarily), or High court

The party who is arguing that the defendant is liable.

A monetary award sought as a remedy

1. Recission
2. Injunction
3. Specific performance
4. Rectification
5. Tracing

An order setting a contract aside and restoring the parties to their pre-contractual position.

Where a person/company is forced to perform a specific task, or not to.

An equitable remedy in which the court orders the breaching party to perform the contract exactly according to its terms

An order allowing a document to be corrected to reflect the parties' true intentions.

an order tracing money through different accounts or purchases.

Primary legislation is passed by parliament directly.
Secondary legislation is passed by some body with delegated authority from parliament.

Alternative Dispute Resolution

resolving issues in civil courts can be very hostile, stressful, and costly.

1. Mediation
2. Conciliation
3. Arbitration
4. Tribunals

a neutral third party acts as a mediator and works to negotiate a solution

A third party which takes a more active role, suggesting possible ways to resolve a dispute.

The Advisory Conciliation and Arbitration Service assists in resolving disputes. In an employment tribunal, the parties must show that they first tried to resolve the case through ACAS, or they risk being penalised.

An arbitrator is appointed to hear arguments from both sides and make a legally binding decision, like a judge.

The Arbitration Act 1996

Like an ordinary court, but a panel of specialists rather than judges decide the outcome of the dispute.

1. The process and decision making is quicker and cheaper
2. Usually more informal, so less stressful
3. Private hearings maintain personal privacy

1. Mediation and conciliation are not legally binding
2. Awards may be lower than those given by the civil courts
3. Decisions can be unpredictable and inconsistent.

judges, barristers, solicitors, paralegals

1. The ratio decidendi:
2. Obiter dicta

The reason for the decision, it is legally binding for future cases.

'words said in passing', obiter statements are persuasive in future cases, but not binding

Yes, a precedent can be overruled by a higher court, creating a new precedent.

The precedent won't be followed for this case due to differences in material and facts. It can however be used in future cases.

Statute law is legislation that has been passed through Parliament.

the process by which courts interpret and apply legislation

The court must issue a 'Declaration of incompatibility', meaning that parliament must change the statute.

1. The Literal Rule
2. The Golden Rule
3. The Mischief Rule
4. The Purposive Approach