Aice Law Paper 1 Quizlet

Codified Legal System

A legal system in which laws are written (Or typed) down in a form of legal code.

Common Law Legal System

Common law is a legal system in which laws are not written (Or typed) down in a form of legal code. They normally do not have a written constitution.

Customary Legal System

Customary law is an unwritten rule where laws are based on the customs and morality of a society. If something is considered immoral by the people in the society it is most likely illegal

Religious Law System

Religious law is a legal system that follows a code set out in religious text. Such as the ten commandments of the bible.

Mixed Legal System

It's a system where two or more of the 4 legal systems above are used.

Adversarial Legal System

A system in which two sides debate for a violator's innocence when a law is violated. One side is for the violator's innocence, the other is against.

Inquisitorial Legal System

Is a legal system in which the court is actively involved in the investigations and the prosecution and defense work together to achieve the truth instead of personal victory.

The Rule of Law

The idea that laws have to be applied fairly to all people including the rich and powerful. No one is exempt from the law or its consequences.

Dicey's Elements of The Rule of Law:

No arbitrary government power no punishment unless law has been broken

Equality before the law no one is above the law; one law governs everyone

Supremacy of ordinary law

rights are secured by the decisions of judges (who can interpret the intent of the people), not a written constitution

Rules of Law

Process of law making is open and fair.

Law-making systems have checks and balances

Every defendant in a criminal case gets a fair trial by jury

No person can be imprisoned

without a trial

Legal systems are free from discrimination and corruption - impartial

Justice is accessible and affordable Laws are clearly written, stable, and applied evenly to all people.

Law and Morality

Morality and law are intertwined yet separate concepts and the law does not always reflect the morality of the time and Public Morality should lead the law and vice versa

Law and Justice

The law and justice must be hand and hand. A legal system must be just and fair and for that the law must restore imbalances between two individuals or between an individual and the country or state. Additionally the legal system must make and implement decisions according to fair processes.

Constitutional Reform Act 2005

It changed the lord chancellor from being the head of the judicial system and barred legislative and executive government members from influencing the judicial system and stopped their access to judges.

The Structure of Parliment

There are 2 houses, The House of Commons (646 MPs) and the House of Lords. Additionally (700 MPs) the Living Monarch of England is a part of the process.

Public Bills

laws that involve policy that would affect either the whole country or a large section of it

Private Bills

affect only certain individuals or corporations.

Acts of Parliment

An act of Parliament is a bill and is drafted by lawyers employed by the government

Parliamentary Process

Bill is drafted->

First reading->

Second reading-

Committee stage->

Report stage->

Third reading->

House of lords procedures->

Royal assent.

Parliment Acts of 1911 and 1949

Power of the house of lords to veto and reject bills is limited by these acts. If the house of lords rejects a Bill it can be sent back to the house of commons and pass all the stages again there and then its passed.

Advantage of Parliamentary Law Making

laws are thoroughly vetted and made sure that they are necessary and well made by the house of lords and house of common

Disadvantages of Parliamentary Law Making

it is so slow, it takes them forever to pass 1 law so quick decision making is nearly impossible with their current system.

Dicey's Principles of Parliamentary Supremecy

Parliament can Legislate on any matter and there are no limits on what it can make laws about.

No parliament is bound by the decisions of a previous parliament nor can a parliament bind future parliaments.

No other body can override acts of parliaments

Parlimentary Supremacy

The idea that Parliament is the supreme law of the land above all others. And that the current parliament are the supreme lawmakers of the land. (Can override Previous Parliments)

Human Rights Act 1998

Act of Parliament that incorporated the European Convention on Human Rights into UK law, making it enforceable in UK courts. Also making it possible for a court to change a law on the bases its a human rights violation.

Political Pressure influence on Parliament

Parliament ends up only having laws that will be passed ever be considered as an act of parliament. Which is both an advantage and disadvantage.

Public Opinion as an Influence on Parliament

The voice of the people and allows them to be heard through their right to vote. But, the opinions of the public on law only really come up near the end of a parliament term when a general election is coming up

Media as an influence on Parliament

The media can interpret the law in simple ways for the people and spread that information in mass so that even the common person can be politically informed. Tthe media can be on occasion swayed into one opinion or the other or can alter stories to fear monger for more clicks. As such while it is a popular source of information it is not always a good source.

The Law Commission

A full time body who considers areas of the law that need to be reformed or changed. Consists of a Chairman, High Court judge and other commissioners who are experts and researchers and drafters who prepare proposed bills

The Literal Rule

Looking at an act or phrase with the literal meaning of the words inside

The Golden Rule

Goes with the literal meaning but whenever clauses lead to loopholes judges can avoid such loopholes.

The Mischief Rule

Looks at what the law was supposed to stop and rules based on that

The Purposive Approach

This goes beyond the mischief rule to see what Parliament meant to achieve by doing the law but far past the mischief rule.

The Ejusdem Generis Rule

General words that follow a list are limited to the same kind of word. For example when someone says liquid it applies to lemonade but not wood.

Human Rights Act 1998 (and EXHR)

Legislation must be compatible with the EU human Rights act

The expression unius excluusion alterisy rule

Saying one thing in specific excludes others. For example saying Liquids such as Soda, Lemonade, Water would not include fruit punch.

Intrinsic Aids

Anything in the act itself which may help to make its meaning clear

Extrinsic Aids

Are the materials found outside the act that may be referred to by the judges

The noscitur a sociis rule

A word's meaning is to be inferred based on other words in the same section of the act.

Delegated Legislation

A law made by a person or group other then Parliament but with permission of Parliament. The authority is given by an act of Parliament called the enabling act.

Advantages of delegated legislation

Saves parliamentary time

Access to technical expertise

Allows consultation

Allows quick law making

Easy to amend

Disadvantages of Delegated Legislation

- undemocratic

- sub-delegation

- large volume and lack of publicity

- difficult wording

Orders in Council

The King or Queen and the Privy council can make orders in council. The Privy Council is made up of the Prime minister and other government leaders. This type of legislation lets the Government make legislation quickly without Parliament.

Statutory Instruments

rules and regulations made by government ministers. (Regulations for areas they are responsible for)

By Laws

Are made by local authorities to cover matters in their own area. They can pass laws affecting a county or district or town.

Legislative and Regulatory Reform Act 2008

Gives ministers the power to change acts of parliment.

Parliamentary controls on delegated legislation

They have control via the enabling act which sets the limits for the legislation to be made. The main control is the scrutiny committee which checks the technical aspect of Delegated legislation but not reviewing the actual policy.

Court Controls on Delegated Legislation

Can be challenged in the court for Ultra Vires (Law made goes beyond powers granted in the enabling act.)

Stare Decises

"let the decision stand" is a legal principle that seeks to allow precedent to guide the court's actions

Ratio Decendi

At the end of a case a judge gives a speech explaining why they gave that decision and the legal justification for it. Ratio Decidendi is the judge listing the arguments and justifications for their ruling

Obiter dictum (dicta)

The rest of the judgment is called Obiter Dicta or other things said, other judges don't have to follow it. Sometimes a judge will use it to speculate on the different ruling had the case been different and the legal reasoning for such but, is not a binding precedent like with all other Obiter Statements.

Law Reporting

All Judgements are reported on the internet and some are free but some are locked behind a subscription service.

Binding Precedents

This kind of precedent must be listened to and followed

Decision is made by a court higher than, or sometimes at the same level as the court hearing the case.

Original Precedent

a decision on a point of law that has never been decided before

Persuasive Precedent

A decision of another court which is influential but not binding.

Hierarchy of courts

Civil Cases

Supreme Court

Court of Appeal

High Court

County Court

Criminal Cases

Supreme Court

Court of Appeals

High Court

Crown Court

Magistrates Court

The Practice Statement

Allows SC to ignore earlier SC decisions (overrule them) where "it appears right to do so"

Exceptions for Court of Appeals

The house of lords does not need to follow the decisions of human rights cases of higher courts. Or its own decisions in Young's Case. WHen law is Misapplied and Misunderstood there is no need to follow the court of justice of the EU

Overruling

Judge in higher court can overrule earlier precedent and replace with different one

Reversing

When a court in a later case states that the precedent legal rule in an earlier case is wrong.

Distinguishing

When a judge finds that the facts of a case are different enough to allow a distinction between it and a older case so they don't have to follow the precedent set by the older case.

County Court

The county court is responsible for hearing cases that involve claims up to a certain monetary limit, which varies depending on the type of claim. In general, claims up to £100,000 are heard in the county court, although some claims, such as those involving housing possession, have lower limits.

Small claims track

The small claims track is designed to handle claims with a value of up to £10,000. These claims are typically straightforward and can be resolved relatively quickly and cheaply. The small claims track is intended to be accessible to litigants in person, who do not have legal representation.

Fast Track Cases

The fast track is for claims with a value between £10,000 and £25,000 that are more complex and require more time to resolve. The fast track is designed to provide a faster and more streamlined process for resolving claims

Multi Track Cases

The multi-track is for claims with a value of over £25,000, or for claims that are particularly complex or require a longer trial. The multi-track provides a more formal and structured process for resolving disputes, with more time allocated for each stage of the process. Cases on the multi-track are typically heard in the county court or the High Court, and the parties involved are expected to be represented by lawyers.

High Court

The High Court has a wide-ranging jurisdiction, and it deals with a diverse range of civil cases, including contract disputes, property disputes, personal injury claims, and judicial review. It is also responsible for hearing certain criminal cases, such as contempt of court and serious fraud cases.

Court of Appeal

The role of the Court of Appeal is to review decisions made by lower courts and to determine whether they were made correctly in law. The Court of Appeal does not hear evidence or make findings of fact, but instead, it reviews the legal reasoning and interpretation of the law applied by the lower court.

Supreme Court

The decisions of the Supreme Court are binding on all other courts in the UK, and they are often influential in shaping the development of the law. The Supreme Court is an important part of the UK legal system, ensuring that justice is administered fairly and consistently, and that the law is applied correctly.

The Woolf Reforms

The Woolf Reforms established the Multiple Track system. It also established ways to resolve disputes with out of court settlements and Alternative Dispute resolution. It also gave Judges More Control over Case Management and made it lest expensive to take litigation to court.

Pre Trial Procedures in Civil Courts

Pre Trial Procedures are dedicated in the UK to evading from using the civil courts and settling out of courts.

Negotiation

Isn't binding without a agreement, Happens too much on the doorsteps to the courtroom, Generally informal, Can have lawyers involved

Conciliation

Conciliation is a more guided type of Negotiation with a middle man called a Conciliator

Mediation

Mediators talk between the rooms and tell the parties, Mediators lawyers speech is protected, Formal Mediation is existent, Outcomes don't need to be exactly to the law, Everyone loses, Doesn't always work waste of time

Arbitration

Arbitration gives up your right to court The parties agree to submit their dispute to arbitration, either voluntarily or as required by a contract or law.The parties appoint an arbitrator, or a panel of arbitrators, to hear the dispute. The arbitrator holds a preliminary hearing to establish the procedural rules and to clarify the issues in dispute. The parties present evidence and arguments to support their positions in the dispute. The arbitrator makes a binding decision on the dispute, which is usually known as an arbitral award.

Advantages and Disadvantages of ADR

Alternative Dispute resolutions are cost effect. Time savings, confidential and Flexible but, some also have non binding decisions. There's limited Remedies. Lacks of Transparency and an Imbalance of power in the Alternative Dispute Resolutions

Magistrates Court

lower court in the UK criminal justice system that deals with less serious criminal cases and some civil matters. The court is presided over by volunteer judges known as magistrates, who are not legally qualified but are trained in the law.

Crown Court

More prestigious version of the Magistrates court that deals with more serious criminal cases such as indictable offenses like murderer. rape. serious fraud and drug based offenses. Cases are heard before a judge and jury and the court hears appeals from the magistrates court.

Summary Offenses

Minor offenses that the justice system is able to handle fairly quickly

Triable Either way offences

an offence that can be tried in either the Magistrates' Court or the Crown Court

Indictable Offenses

Serious criminal cases that require an indictment and a preliminary hearing; they are typically tried before a judge and jury and are subject to a higher penalty. E.g. Murder or assault

Court of Appeal (Criminal Division)

A division which handles appeals for Criminal Cases either on the basis of lessening a sentence of quashing a conviction

Bail

Bail is the process of letting people out of jail while they are awaiting trial.

Bail Conditions

Bail cannot be handed out to people who commit violent crimes and limitations can be put on it like. Pausing Out of State and Country Travel Forcing people to stay in a certain area Forcing people to not see certain individuals

Advantages/Disadvantages of Bail

People granted bail may or may not take out people close to the case or commit another crime while out of jail. But with the advantages it allows people to retain some freedoms before they are Guilty of whatever crime they've been accused.

Pace 1984

Gave Criminals a right to Silence and gave new provisions for disclosure of evidence. Gave uniform time limits so you didn't just get held forever

Criminal Justice and Public Order Act 1994

The introduction of harsher sentences for repeat offense and mandatory life sentences for certain crimes.

C V DPP

A rape case was brought before the crown court of a husband raping his wife. He was originally acquitted due to them being married but, it was appealed to the court of appeals and the court of appeals held that while they were married they still need consent.

Stephen lawrence

Was a black British Teenager who was murdered in a racially motivated attack in London in 1993. Introduction of new laws to tackle institutional racism emerged along with new rules on double Jeopardy.

Micheal Weir

Showed that future forensic evidence could be used to convict for past crimes.

Pace 1984 (George Orwell)

Gives Police the right to stop subjects and search them. The right to arrest, detain and interview suspects and when necessary to take fingerprints and blood samples for scientific analysis. Gave suspects the right to legal advice and the right to be informed of being detained.

Police Powers

Gives Police the right to stop subjects and search them. The right to arrest, detain and interview suspects and when necessary to take fingerprints and blood samples for scientific analysis. Gave suspects the right to legal advice and the right to be informed of being detained.

Misuse of Drugs Act 1971

If an officer has reasonable grounds to suspect a person might have drugs they can search them

Terrorism Act 2000

An officer can search a vehicle if they suspect that they are a terrorist

Criminal Justice and Public Order Act 1994

The act introduced new offenses like harassment, riotous behavior and it made it so that you can't trespass and cops could remove unauthorized places on land. It also allowed the police to disperse groups of people rioting and causing disorder.

Coronavirus Act 2020

Gave the police the power to detain a person on the street if they believed they were infected and have that person tested and restrict them from leaving their home.

European Convention on Human Rights

It gave EU citizens a right to fair trial and forced police to use proportional force to the crime only when necessary. Said all people have a right to liberty and couldn't be unlawfully detained. Privacy and data protection was also set into law.

Taylor v Chief Constable of Thames Valley Police (2004)

Said that for detainment to be lawful an officer must tell in clean and simple terms to the person being arrested that they are being arrested and why.

R V Samuel

24 Year old defendant whose mother was informed of her son's arrest before he was refused access to a solicitor. Basically said police cannot refuse you a lawyer in interrogation

R V Grant

The court will not accept illegally obtained evidence by the police.

R v Helliwell

Said that unlawful interrogations outside of police stations without interrogators are inadmissible as evidence.

Osman V DPP

Said that officers must give their names and station or else the searches would be unlawful.