Legal Systems, EU Law and Public Law Review

A comprehensive set of vocabulary-style flashcards covering the English and Welsh legal system, court hierarchy, legislation, public order, judicial review, human rights, and EU law based on the April $$2025$$ notes.

Legal system

The body of institutions that make, execute and resolve disputes in relation to the laws of a state.

Jurisdiction

A political entity or geographical location where a particular law applies, or a body having the authority or power to settle disputes in a specific area of law.

Common law system

A system, such as that of England and Wales, where both laws made in Parliament (legislation) and rulings made by judges (case law) are important sources and the law develops through precedent.

Civil law system

A system where the law is codified in documents, and judges typically make decisions by reference to these codes alone rather than prior judicial rulings.

Primary legislation

Statutes or Acts of Parliament created directly by Parliament following established procedures in the House of Commons and House of Lords.

Secondary legislation

Detailed instruments, orders, and regulations (also known as delegated or subordinate legislation) authorized by, but not directly made by, Parliament.

Assimilated law

The name now given to the remaining pieces of EU law in the UK following the enactment of the Retained EU Law (Revocation and Reform) Act $2023$.

Equity

A branch of law developed to alleviate the inflexibility and potential harshness of the common law, focusing on fairness and allowing for remedies such as injunctions and trusts.

Public law

A classification of law that involves duties owed to or by the state.

Private law

A classification of law that involves duties owed to or by individuals, including corporate individuals like companies.

Indictable offences

The most serious criminal offences, such as murder and rape, which must be tried in the Crown Court.

Either way offences

Intermediate criminal offences, such as theft or burglary, which may be tried in either the magistrates’ courts or the Crown Court.

Summary offences

The least serious criminal offences, such as minor driving offences or shoplifting, which are tried in magistrates’ courts.

Standard of proof

The degree of certainty required to prove a case, which is "beyond reasonable doubt" in criminal cases and "on the balance of probabilities" in civil cases.

Burden of proof

Denotes who has the responsibility for meeting the standard of proof; the prosecution in criminal cases and the party bringing the case (claimant) in civil cases.

Judiciary

The branch of state consisting of independent, non-elected judges who resolve conflicts between individuals and the state or between state institutions.

Judicial independence

A constitutional principle that the judiciary should be impartial, independent of the legislature and executive, and protected from arbitrary dismissal through security of tenure.

Judicial Appointments Commission (JAC)

An independent body established by the Constitutional Reform Act $2005$ consisting of $15$ members to manage judicial appointments on the basis of merit.

Superior courts

Courts at the higher levels of the hierarchy, including the Supreme Court, Court of Appeal, High Court, and Crown Court, which generally have unlimited jurisdiction.

Inferior courts

Courts at the bottom of the hierarchy, such as magistrates’ courts and county courts, which deal with cases of lower value or complexity within a particular locality.

Court of record

A higher court in the hierarchy, such as the High Court or Supreme Court, whose rulings are typically reported because they serve as precedents for future cases.

First instance court

The first court to hear a matter, also referred to as the trial or originating court.

Appellate court

A court that hears appeals from lower courts to determine if the previous outcome was legally correct.

Supreme Court

The most senior court in the UK, established by the Constitutional Reform Act $2005$ to replace the Appellate Committee of the House of Lords.

Leapfrogging

A rare procedure in which civil appeals proceed directly from the High Court to the Supreme Court, bypassing the Court of Appeal.

Right of audience

The right to appear before and address a court, including the right to call and examine witnesses.

Reserved legal activities

Particular activities, such as a right of audience or the conduct of litigation, that may only be carried out by authorized persons under the Legal Services Act $2007$.

Stare decisis

A Latin term meaning "stand by what has been decided," which represents the doctrine of binding precedent.

Ratio decidendi

The legal principle or proposition of law relied upon by judges to reach their decision; it is the part of a judgment that is potentially binding as precedent.

Obiter dicta

Reasoning or statements in a judgment not directly relevant to the facts of the case, which are persuasive but not binding.

Distinguishing

A process in which a court avoids following a potentially binding precedent by demonstrating that the material facts of the current case are different.

Practice Statement (Judicial Precedent) [$1966$]

A statement that the Supreme Court will generally consider itself bound by its own previous rulings but reserves the right to depart from them where it is right to do so.

Young v Bristol Aeroplane Co Ltd [$1944$]

The case establishing that the Court of Appeal is bound by its own previous ratios except in three specific circumstances: conflicting ratios, later Supreme Court/House of Lords rulings, or "per incuriam" decisions.

Per incuriam

A precedent ratio decided in ignorance of relevant law, making it faulty and not binding.

Bill

A prospective law being considered in Parliament before it has been passed as an Act.

Royal Assent

The formal approval of a Bill by the monarch, at which point the Bill becomes an Act of Parliament.

Literal rule

A rule of statutory interpretation holding that words should be given their plain, ordinary, and natural meaning.

Golden rule

A rule holding that the literal meaning should be followed unless it produces an absurdity, in which case a reasonable secondary interpretation is used.

Mischief rule

A rule allowing courts to interpret legislation in light of the problem or "mischief" the law was introduced to address.

Noscitur a sociis

A rule of language meaning "known by the company it keeps," where the meaning of a word is constructed from its surrounding context.

Ejusdem generis

A rule meaning "of the same type," used where general words follow a specific list and must be construed as referring to the same category.

Implied repeal

A doctrine stating that if two inconsistent Acts are passed at different times, the most recent Act takes effect and must be obeyed.

Parliamentary sovereignty

The doctrine that the Westminster Parliament has absolute sovereignty, is omnicompetent, and cannot be overridden by the courts.

Constitutional conventions

Non-legally binding rules of political custom that provide the framework for the constitution's operation.

Royal prerogative

The residual arbitrary power retained by the monarch, now mostly exercised by or on behalf of the government.

Parliamentary privilege

Legal immunities for Members of both Houses, including freedom of speech, to perform their duties without outside interference.

Separation of powers

The doctrine dividing the state into three branches—executive, legislature, and judiciary—to prevent abuse of power through checks and balances.

Judicial review

The mechanism by which the courts scrutinize the process by which public authorities and officials make decisions.

Wednesbury unreasonableness

A standard of irrationality in judicial review where a decision is outside the possible range of decisions any reasonable body could have made.

Legitimate expectation

A ground for judicial review used when a party can show a clear promise or regular prior practice by a public body.

Declaration of incompatibility

An order under Section $4$ of the Human Rights Act $1998$ where a senior court declares that a piece of primary legislation is not compatible with Convention rights.

Convention rights

The human rights articles of the ECHR and its protocols that are enforceable in domestic courts under the Human Rights Act $1998$.

Direct applicability

A principle of EU law meaning the legislation becomes part of member states’ law as soon as it is passed without requiring domestic implementation.

Direct effect

The principle that certain EU legislation can be relied on directly by citizens in domestic courts against the state (vertical) or others (horizontal).

Directives

Form of EU legislation that orders member states to achieve a particular goal but leaves them free to decide the method of implementation.