Studied by 5 people
equitable remedies
specific performance, injunction, rescission
Judicial Precedent
English judges are bound to apply any relevant precedent of a senior court
Ratio decidendi
The reason for a decision (the binding part of a decision)
obiter dicta
Other things said
adverbial procedure
trial in which the judge acts like the referee in the contest between two opposing litigants
inquisitorial procedure
the judge helps to establish the evidence by actively questioning witnesses
statute law
Law made by parliament
common law
A legal system based on custom and court rulings
parties in criminal law
state and individual
purpose of criminal law
to punish an offender for causing harm to public health, safety, or morals
burden of proof in criminal law
crown prosecution service
standard of proof in criminal law
beyond reasonable doubt
parties in civil law
claimant and defendant
purpose of civil law
compensation
burden of proof in civil law
crown prosecution service
standard of proof in civil law
balance of probabilities
Delegated legislation
Laws made by subordinate authorities
intra vires
Within the power of government to pass laws
ultra vires
beyond the power of government to pass laws
strengths of judicial precedent
-allows rapid decisions to be made -broadly very affective
weaknesses of judicial precedent
-cases happening all the time, some get missed -reporting in hands of external body -no one in particulars job to go through the cases
court personnel
magistrates jurors
arbiter of fact in magistrates court
magistrate
arbiter of law in magistrates court
magistrate
arbiter of fact in crown court
jury
arbiter of law in crown court
judge
limits of magistrates court
-sentence up to 6 months -fine up to £5000
amount of cases seen in magistrates court
95%
Note 
Flashcard (338)