Introduction to Law and the English Legal System – LLB 1st Year Review

26 question-and-answer flashcards covering definitions of law and social norms, micro- and macrofunctions of law, the structure of the English Legal System, differences between common and civil law systems, classifications of law, trial models, standards of proof, and core concepts of legal method and reasoning.

What is the basic definition of ‘law’?

A system of rules laid down by a person or body with authority to make law that, if breached, leads to legal consequences enforceable by the state.

How do social norms differ from legal rules?

Social norms are rules enforced by society whose breach brings social disapproval but no legal consequences, whereas legal rules carry state-enforced sanctions.

According to Partington, why are microfunctions of law necessary?

They achieve specific social objectives, such as setting limits of acceptable behaviour and preventing abuse of public power.

Give one example of a microfunction of law.

E.g. Laying out limits of acceptable behaviour or ensuring public offices do not abuse their power.

Which macrofunction of law focuses on maintaining society’s safety against anti-social behaviour?

Public order.

How does law support the macrofunction of political order?

By preserving political arrangements and embedding them in statute (e.g. Human Rights Act 1998).

Which UK statute illustrates moral principles shaping the law?

The Human Rights Act 1998.

What role does law play in the macrofunction of economic order?

It facilitates and encourages national and international trade in goods and services.

What is meant by the macrofunction of international order?

Law’s role in recognising states as legal entities, setting territorial boundaries, and governing diplomacy.

What does the macrofunction of social order emphasise?

Protecting the weak against the powerful, e.g. through anti-discrimination legislation.

List three key components of the English Legal System.

Courts, lawyers, judiciary, juries, police, etc.—the mechanisms providing access to justice.

Name the three ‘families’ of legal systems.

Common law, civil law, and mixed legal systems.

What type of constitution is typical of a common law system?

An unwritten or uncodified constitution dispersed across various documents.

In a civil law system, what sources of law are considered binding on everyone?

Legislative enactments (codes and statutes).

How can a decision of the highest court be overturned in a common law system?

Only by the same court reversing itself or by new legislation.

What overarching principle applies in a common

law system regarding individual action?

Everything is permitted unless expressly prohibited by law.

Which trial model features a passive judge and active party advocates?

The adversarial trial.

Which trial model involves an active judge who investigates facts and disallows cross-examination?

The inquisitorial trial.

What is the basic distinction between private and public law?

Private law governs relationships between individuals/businesses; public law governs relationships between the state and its citizens.

What is the standard of proof in civil cases?

Balance of probabilities.

What is the standard of proof in criminal cases?

Beyond reasonable doubt.

How are parties named in a civil action?

Claimant v. Defendant.

How are parties named in a criminal prosecution in England?

R (the state/prosecution/CPS) v. Defendant.

Define ‘legal method’.

The way lawyers and judges think, reason, and argue about the law.

Why is statutory interpretation necessary?

Because words in statutes may have multiple meanings and need clarification to apply correctly.

Legal reasoning in case law is closely related to what doctrine?

Judicial precedent.