LEGAL SKILLS [UNIT 2 : Sources of Law and Developing a Critical Mind] Flashcard

Flashcards covering key vocabulary and concepts from ENGLISH LEGAL SKILLS UNIT 2.

Custom

A regular practice that starts a very long time ago, continued/adopted by the next generation, applied on a specific area.

Sir William Blackstone’s test

A test with the following criteria: time immemorial, continuously, peaceful enjoyment, obligatory, certain, clear, reasonable, and consistent with other customs.

Common Law

A law that is common to everyone.

William the Conqueror

Person who Introduced Common Law in 1066.

Curia Regis (King’s court)

Old term to describe the court.

Lord Wensleydale Definition of Common Law

A system which consisted in applying to new combinations of circumstances those rules, which we derive from legal principles and judicial precedents.

Court hierarchy

Order of courts to resolve dispute, when 1 court is not satisfied by the decision then it goes to the next one

Law Reports

Records of Law Reports.

The Year Books (1275-1535)

Earliest records of law reports.

The Abridgements

Summaries of decisions arranged by topic.

The Private Reports (1535-1865)

Published by individuals, often inconsistent.

The Incorporated Council of Law Reporting

Official, accurate law reports.

Equity

A system based on principles of justice and fairness, not just strict legal rules.

Petition the King

In the past, people asked the King for fairness when common law failed, led to the creation of equity.

Lord Chancellor and Court of Chancery

Court system where discretion about remedies are made.

Judicature Acts 1873-1875

When there is a conflict between common law and equity, equity will prevail

Examples of Equitable Remedies

Specific performance, Rescission, Injunction, Equity of redemption, Trust, Estoppel

Authoritative Textbooks

Glanvill (12th Century), Bracton (13th Century), Coke (17th Century), Blackstone (18th Century)

Primary Legislation

Legal rules (Acts of Parliament) passed by the “King in Parliament” (usually Statutes).

Secondary (delegated) Legislation

Statutory Instruments, Bylaws, Professional regulations, Orders in Council

The European Convention of Human Rights (1953)

Signed by members of the Council of Europe.

The Human Rights Act 1998

Gave effect to the ECHR in UK Law.