English Legal System Practice Flashcards

Comprehensive practice flashcards covering the English Legal System, including definitions, hierarchy, legislation, key cases, and statutory interpretation.

How does Holland define the nature of law?

Law is not static but evolves through interpretation, precedent, and legislative reform.

What key principle was established in the case of Donoghue v Stevenson (1932)?

The "Neighbour Principle," which serves as the basis of modern negligence law by establishing a duty of care based on foreseeability.

What are the three parts of the Caparo v Dickman (1990) test for duty of care?

Foreseeability, proximity, and whether imposing a duty is fair, just, and reasonable.

In the context of legal vs. social rules, how is enforcement different?

Legal rules are enforced by state institutions, whereas social rules are enforced by social pressure.

What is the difference between a Green Paper and a White Paper in the legislative process?

A Green Paper is for consultation, whereas a White Paper is a firm proposal for law.

What is the difference between Primary and Secondary legislation?

Primary legislation consists of Acts of Parliament; Secondary legislation consists of delegated legislation such as statutory instruments.

What is the hierarchy of the English court system from lowest to highest?

Magistrates’ & Tribunal Court, Crown Court & County Court, High Court, Court of Appeal, and Supreme Court.

What does the Doctrine of Precedent ensure within the legal system?

It ensures that binding decisions from higher courts guide lower courts, promoting consistency and predictability.

How does Holland describe Procedural Law?

As the "machinery of justice," noting that without it, substantive rights cannot be effectively enforced.

Which Act requires UK courts to interpret domestic law consistently with the European Convention on Human Rights (ECHR)?

The Human Rights Act 1998.

What rights are protected under Articles 6, 8, and 10 of the ECHR?

Article 6 is the right to a fair trial; Article 8 is the right to privacy and family life; Article 10 is freedom of expression.

How does the European Union (Withdrawal) Act 2018 affect UK law post-Brexit?

The UK retains certain EU-derived laws through this Act, ensuring continuing influence in areas like trade, data protection (GDPR), and environmental standards.

What is the difference between Ratio Decidendi and Obiter Dicta?

Ratio Decidendi is the binding legal principle or "reason for the decision," while Obiter Dicta are non-binding remarks or "said by the way."

Define the Literal Rule of statutory interpretation.

The court sticks to the plain, ordinary meaning and exact wording of the statute without making changes.

Define the Golden Rule of statutory interpretation.

The court modifies words to avoid absurd results, inconsistency, or unclear provisions.

Define the Purposive Approach to statutory interpretation.

The court looks for Parliament’s intent and the "spirit" of the law to promote its objectives.

Who bears the burden of proof in criminal law according to Woolmington v DPP [1935]?

The Prosecution must prove the case beyond reasonable doubt.

What is the standard of proof in civil cases?

The balance of probabilities.

What case established rules on the remoteness of damages in civil law?

Hadley v Baxendale (1854).

What are the common remedies available in civil law?

Damages, Injunctions, and Specific Performance.