LEGAL SKILLS [ UNIT 1 : Introduction to Law ] Flashcard

Vocabulary flashcards for reviewing key legal concepts and terminology.

Legislative

The authority in the UK to create laws, primarily Parliament, based on parliamentary sovereignty.

Legitimacy

The acceptance of Parliament's laws as binding, related to constitutional law and democratic theory.

Judiciary

The branch of government that interprets and enforces the law; shapes the law, especially in common law systems.

Criminal Law

Deals with crimes and punishment theories such as retribution, deterrence, rehabilitation, and protection.

Civil Law

Deals with disputes between individuals, including contract, tort, and property law, resolved through courts or alternative dispute resolution (ADR).

Constitution

The framework that governs the distribution and exercise of power, uncodified in the UK, based on statutes, case law, conventions, and principles.

Law

Minimum standards of behavior that allow society to function.

Special Status Theory (Hart)

Legal rules are valid through formal sources and institutions (rule of recognition).

Function / Job Theory (Llewellyn)

Legal rules are tools used for resolving disputes and managing society.

Techniques Theory (Summers)

Legal rules are codified, enforceable, and use formal legal mechanisms.

Habits

Regular patterns of behavior.

Rules

Standards that prescribe how people ought to behave.

Primary Rules

Rules that impose duties or obligations on individuals, directly regulating conduct in society.

Secondary Rules

Rules about rules – they give a legal system structure and authority, mainly directed at legal officials.

Rule of Recognition

Provides criteria for identifying valid laws in the legal system.

Rule of Change

Gives power to create, modify, or repeal primary rules.

Rule of Adjudication

Establishes procedures and institutions to resolve disputes and apply the law.

Ensuring Survival of Social Group (Law Job)

Law maintains basic order and social cohesion to preserve the community.

Channeling Behaviour and Expectations (Law Job)

Law guides individuals’ actions and interactions to avoid conflict.

Constituting and Regulating Organs of Power (Law Job)

Law structures and limits institutions like government, courts, and legislatures.

Providing Manner and Procedure (Law Job)

Law ensures procedures (e.g. elections, court rules) for properly performing other law jobs.

Grievance-Remedial Technique

Defines grievances, specifies remedies, and manages dispute resolution.

Penality Technique

Involves prohibition, prosecution, and punishment of criminal conduct.

Administrative-Regulatory Technique

Regulates generally wholesome activity to ensure it benefits the public.

Conferral of Public Benefits Technique

Enables governments or agencies to provide services and benefits.

Private-Arranging Technique

Facilitates and protects voluntary private agreements and transactions.

Constitution

The set of fundamental principles or established precedents according to which a state is governed.

Legislative

Makes law – e.g. Parliament (House of Commons and House of Lords).

Executive

Enforces law – e.g. Government (Prime Minister, Cabinet, Civil Service).

Judicial

Interprets and applies law – e.g. Courts (including the Supreme Court).

Parliament Sovereignty

Parliament can make or repeal any law it wishes.

Cannot Bind Successors

No Parliament can pass a law that prevents future Parliaments from amending or repealing it.

Doctrine of Implied Repeal

If two Acts of Parliament conflict, the later one takes precedence.

Government by Law

Government must act according to legal rules, not arbitrary decision or personal authority.

Legislative Function

Legislature makes the law.

Executive Function

Executive implements and administers the law.

Judicial Function

Judiciary interprets and applies the law.