English legal system

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10 Terms

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burden of proof

the responsibility of a party to prove a claim

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standard of proof

the level of certainty required for a party to prove their case in court

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law

a system that requires citizens to act in a certain way. must be sable, clear and understandable and accessible to be valid and workable

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criminal law

prosecution of a crime, can lead to criminal sanctions e.g. fine, imprisonment. crimes may include theft, fraud, assault, murder. mostly held in the magistrates court and the Crown Court for more serious offenses (can impose more than 12 months).

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civil law

cause of action brought about by a group of individuals against another party to seek compensation or damages for harm or loss. breach of contract, injury claims. Mostly held in county court or high court, depending on the amount of damages sought.

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precedent- judicial

decisions and legal principles reached in higher courts will be binding on lower ones. judges follow previously decided cases where they are similar.

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precedent- doctrine

a legal principle that establishes a precedent or rule to be followed in future cases.

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appeals

decisions of the courts can be appealed. courts can make mistakes. appeals canoe appealed by court hierarchy. highest appeal is Supreme Court.

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types of law- statute law (legislation)

laws passed by Parliament that must be followed. superior to judge made law. often have gaps for judges to fill and interpret in specific cases.

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types of law- common law

law developed through court decisions and precedents, as opposed to statutes. It evolves over time based on judicial rulings and interpretations. made by judges.