Acca F4: Chapter 1 - English Legal System

Criminal law is enforced by the State to regulate behavior and punish offenders, while civil law resolves disputes between parties and seeks remedies like compensation or injunctions.

The main English civil courts are the High Court, County Court, and Magistrates' Court which deal with different levels of civil cases.

The Supreme Court replaced the House of Lords in order to separate the judicial functions from the legislative functions of the House of Lords.

The correct answer focuses on the European Court of Justice (ECJ) and its role in the civil court system. The incorrect answers mention other courts that are not part of the specific civil court system in question.

The ECtHR serves as the final court of appeal, requires that proceedings in English courts have been exhausted before hearing a case, and there is no possibility of appeal from its decisions.

The main English criminal courts are The Crown Court and Magistrates’ Court. The Crown Court deals with serious criminal cases, while the Magistrates’ Court handles less serious criminal cases.

Tribunals are judicial bodies established to resolve disputes outside the formal court system. They serve specific functions and are structured differently from military organizations, religious worship practices, or entertainment venues.

The correct answer highlights the general reforms made by the act, while the incorrect answers propose drastic changes that did not occur.

The Civil court system consists of different chambers specializing in various areas of law. The incorrect answers provided do not align with the chambers of first-tier tribunals in the Civil court system.

The main functions of the upper tribunal in the court system (Civil) include hearing appeals, deciding cases, judicial review, and enforcement of decisions.

Employment tribunals are specifically set up to resolve disputes between employees and employers regarding statutory employment matters.

In the Civil law, one of the main differences between the court system and Tribunal is the speed at which cases are processed. Courts usually have a slower process compared to Tribunals, which are known for being much quicker in handling cases.

Statutory law is created by legislatures, common law is derived from judicial decisions, and administrative law is created by executive agencies.

Case law, common law, and equity are three sources of law that have been developed and recognized through the legal system. Laws created by the legislature, regulations issued by government agencies, and legal opinions written by law professors are important in the legal field, but they are not specifically considered as traditional sources of law.

Common law is not derived from legislative statutes, based on religious texts, or created by royal decree. It is developed from local customs, based on precedent, and focused on remedies such as damages.

Equity is one of the 3 sources of law, developed to address cases where common law led to perceived injustice. Legislation, Precedent, and Customary law are also important sources of law but are not specifically the same as Equity.

The doctrine of judicial precedent refers to the system of judges following decisions in previous cases to maintain consistency and predictability in the legal system.

When determining if a precedent is binding or persuasive, factors like the hierarchy of the courts, ratio decidendi and obiter dicta, and the material facts of the case are crucial in making that determination. Factors like the length of the judgment, the number of judges, or the popularity of the case are not relevant in this context.

The three sources of law are related to legal reasoning and judicial decisions, not external factors such as weather or personal preferences of the judge.

For a precedent to be binding, the material facts of the two cases must be the same. If the facts are significantly different, the precedent is considered persuasive rather than binding.

The correct answers provide valid reasons for a precedent not being binding, such as being overruled by a higher court, overruled by a statute, made without proper care, or being distinguishable from the earlier case. The incorrect answers do not align with the conditions that actually make a precedent not binding, hence they are incorrect.

The correct answer highlights the disadvantages of judicial precedent by pointing out complexities, rigidity, and reactivity in the legal system.

Legislation can be categorized into Acts of Parliament and Delegated legislation, while Executive Orders, Municipal Ordinances, and Administrative Regulations are not primary categories of legislation.

The UK Parliament is made up of the House of Commons, House of Lords, and The Monarch. The House of Commons is made up of Members of Parliament (MPs) who are elected by the public. The House of Lords is made up of appointed members including life peers, bishops, and hereditary peers. The Monarch's role in Parliament is mainly ceremonial, with powers limited by constitutional constraints.

The correct stages a bill must pass through before becoming an Act of Parliament are: First reading, Second reading, committee stage, report stage, Third reading, House of Lords, and Royal Assent.