English legal system

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%