LSM Topic 1 - Module Introduction

flashcards for bachelors of law students currently starting the legal systems and method topics. :)

what are the English Law Systems?

laws, institutions and processes that govern England and Wales.

sources of Law

Legislation (acts of parliament), case law (judicial decisions) and secondy legislation.

legislation

a law or a set of laws that have been reccomended which are then made offical by the parliament. 

case Law

a law established from decision made by a judge or judges. 

secondary Legislation

a law or a set of laws created by ministers under power given to them by the parliament. 

seperation of power

the division of state power into legislative, executive, judicial branches to prevent abuse. 

legislative powers

the parliament or congress. 

executive powers

ministers and presidents.

judicial power

judges

the parliament

the UK’s supreme law making body made up of the House of Commons, House of Lords and the Monarch. 

common law

law created by judges through decisions in individual cases.

doctrine of precedent

the principal that courts must follow legal rulings made by higher courts in earlier similar cases. 

court hierarchy

the ranking of courts from lower to higher in which lower courts are bound to higher courts

what are the two main branches in law?

civil and criminal law.

what is the purpose of the civil justice stystem?

to resolve private disputes between individuals and organisations and provide appropriate solutions. 

civil law

law dealing with rights and duties between private parties. 

remedy

the legal solution or compensation given to the successful party in a civil case. 

county court

handles small-medium value cases like contracts or personal injury.

high court

deals with complex or high-value civil cases.

alternative dispute resolutions

methods of settling dispute outside of courts.

mediation

when a third party helps by reaching a agreement.

arbiration

a private process where an independent arbitrator gives a binding decision.

What are the main advantages of ADR?

cheaper, quicker, private.

criminal law

law dealing with offense against the state or society. 

what is the purpose of the criminal justice system?

to enforce laws, discipline offenders, and protect the public.

crown prosecution service

independant body responsible for prosecuting criminal cases on behalf of the state. 

magistrates court

handles minor offences and appeals from magistrates court. 

crime control model

focuses on efficiency, conviction, and protecting society.

due process model

focuses on fairness, individual rights, and preventing miscarriages of justice.

what is the main tension in the criminal justice system? 

balancing crime control, civil libreties and human rights. 

judiciary

the select body of judges who interpret and apply law.

judicial Independence

is that judges must be free from political pressure or interferance.

what is the constitutional role of judges

to interpret and apply the law equally free from goverment influence.

supreme court

highest court for civil and criminal cases.

judicial review

the process where courts check if public bodies have acted lawfully.

what is statutory interpretation?

the process where judges use to determine the meaning of words in legislation.

literal rule

where judges apply the plain and ordinary meaning of the words even if it leads to unfair result. 

golden rule

where judges modify the literal meaning to avoid absurd or unjust outcomes. 

mischief rule

judges interpert the statue to fix the problem the law was intended to address.

purposive approach

judges interpret laws based on their purpose or intended effect.

how did EU law influence statutory interpretation?

it encouraged a purposive and context-based approach rather than strict literalism.

rule of law

the principal that everyone inclduing the goverment is subject to follow the law. 

A.V dicey 

legal scholar who defined three key principles of the rule of law: no one above the law, equality before the law, and protection of rights by ordinary courts.

fairness

ensuring justice, equality, and due process within the legal system.

justice

the moral and legal goal of ensuring fair treatment and lawful outcomes.

ratio decidendi

the binding legal principle that forms the basis of a court’s decision.

obiter dicta

statements made by a judge that are persuasive but not legally binding.

primary sources

offical legal authority such as statues and case law.

secondary sources

scholarly commentary like textbooks and journal articles.

OSCOLA

The Oxford Standard for Citation of Legal Authorities, used in UK legal writing.

young v vristol aeroplane co ltd [1944]

• There are conflicting past decisions;

• A higher court has overruled it; or

• The earlier decision was made per incuriam.

binding precedent

a legal decision made by a higher court that must be followed by lower courts in future cases with similar facts.

horizontal precedent

a decision made by a court that is at the same level in the hierarchy.
It is not strictly binding on other courts at the same level but can be persuasive.

echr

european convention on human rights (1953)

hra

human rights act 1998

equity

fairness in law. It lets courts fix situations where the strict rules of law would be unfair.