Introduction to Law and Legal Skills – Legal System, Case Analysis, and Legal
Reasoning Study Guide
Legislation, Primary - correct answer ✔✔Statutes
made by Paarl
Common Law - correct answer ✔✔English system:
- based on system of doctrine of precedent
- decisions made by judges
- relies on statutes and cases as sources of law
Civil Law - correct answer ✔✔European system:
- principle of "codification"
- reference to codes and principles
- previous decisions not looked at
Sources of Law - correct answer ✔✔Legislation and cases
Human Rights Act 1998 - correct answer ✔✔Act of Parliament that incorporated the European
Convention on Human Rights into UK law, making it enforceable in UK courts
Domestic Law: Civil Law - correct answer ✔✔Resolves disputes known as actions or suits, not
crime but assessing liability.
Focus on remedy.
Private = between citizens or companies
Public = between citizens and state
,Domestic Law: Criminal Law - correct answer ✔✔Regulates behaviour that state considers
wrong by creating offences.
- Cases brought by Crown Prosecution Service
- Adversarial approach
- R v Defendant, v pronounced against
Civil v Criminal - correct answer ✔✔Both:
- Burden of proof
- Standard of proof
Civil:
- Balance of probabilities
Criminal:
- Beyond reasonable doubt
Private branches of Law: - correct answer ✔✔Contract and Tort Law
Hierarchy of Courts: - correct answer ✔✔SC
Court of Appeal
(Civil and Crim Division)
High Court
(Chancery, Fam, Q's Bch)
Family/ County/ Crown
Magistrates
System of Precedent - correct answer ✔✔Each court higher in a ladder hears appeals from the
court below. Decisions of a court higher in the hierarchy bind courts below it.
Like should be treated alike.
, UK Supreme Court - correct answer ✔✔- Appellate Court
- Justices of SC
- Headed by pres of SC, Senior Law Lord
- Final civil and criminal court of appeal
- uneven no. of judges sit
Court of Appeal (Civil Division) Appellate function - correct answer ✔✔President= Master of the
Rolls
Court of Appeal (Criminal Division) Appellate function - correct answer ✔✔President= Lord
Chief Justice
High Court - correct answer ✔✔Queens Bench Division
(headed by President)
- first instant jurisdiction over contract and tort claims
- appeals from County Court
Chancery Division
(headed by Chancellor)
- first instance cases relating to land, administration of estates, trusts and bankruptcy
- deals with cases where there is a dispute (contentious probate)
- appeals from County Court
Family Division
(headed by President)
- appeals form single family court
Reasoning Study Guide
Legislation, Primary - correct answer ✔✔Statutes
made by Paarl
Common Law - correct answer ✔✔English system:
- based on system of doctrine of precedent
- decisions made by judges
- relies on statutes and cases as sources of law
Civil Law - correct answer ✔✔European system:
- principle of "codification"
- reference to codes and principles
- previous decisions not looked at
Sources of Law - correct answer ✔✔Legislation and cases
Human Rights Act 1998 - correct answer ✔✔Act of Parliament that incorporated the European
Convention on Human Rights into UK law, making it enforceable in UK courts
Domestic Law: Civil Law - correct answer ✔✔Resolves disputes known as actions or suits, not
crime but assessing liability.
Focus on remedy.
Private = between citizens or companies
Public = between citizens and state
,Domestic Law: Criminal Law - correct answer ✔✔Regulates behaviour that state considers
wrong by creating offences.
- Cases brought by Crown Prosecution Service
- Adversarial approach
- R v Defendant, v pronounced against
Civil v Criminal - correct answer ✔✔Both:
- Burden of proof
- Standard of proof
Civil:
- Balance of probabilities
Criminal:
- Beyond reasonable doubt
Private branches of Law: - correct answer ✔✔Contract and Tort Law
Hierarchy of Courts: - correct answer ✔✔SC
Court of Appeal
(Civil and Crim Division)
High Court
(Chancery, Fam, Q's Bch)
Family/ County/ Crown
Magistrates
System of Precedent - correct answer ✔✔Each court higher in a ladder hears appeals from the
court below. Decisions of a court higher in the hierarchy bind courts below it.
Like should be treated alike.
, UK Supreme Court - correct answer ✔✔- Appellate Court
- Justices of SC
- Headed by pres of SC, Senior Law Lord
- Final civil and criminal court of appeal
- uneven no. of judges sit
Court of Appeal (Civil Division) Appellate function - correct answer ✔✔President= Master of the
Rolls
Court of Appeal (Criminal Division) Appellate function - correct answer ✔✔President= Lord
Chief Justice
High Court - correct answer ✔✔Queens Bench Division
(headed by President)
- first instant jurisdiction over contract and tort claims
- appeals from County Court
Chancery Division
(headed by Chancellor)
- first instance cases relating to land, administration of estates, trusts and bankruptcy
- deals with cases where there is a dispute (contentious probate)
- appeals from County Court
Family Division
(headed by President)
- appeals form single family court
