What is the definition of ‘ignorantia juris non excusat’? (2)
Latin for ‘ignorance of the law, excuses not.’
Legal principle whereby someone who is not aware of a law maybe escape the consequences for violating that law purely because they did not know that it existed.
What are the 3 main degrees of law?
- Criminal
- Civil
- European
What are the 6 types of civil law?
- Law of Contract
- Law of Tort
- Law relating to property
- Law relating to persons
- Copyright
- Health and Safety
What are the 3 types of criminal law?
- Behaviour against / that breaks society rules
- Health and Safety
- Listed Buildings
What are the 3 points required when making laws?
- Law made and approved by parliament - LEGISLATION
- Binding decision by judges - COMMON LAW or JUDICIAL PRECEDENT
- All must take account of European Law
What is a legislation? (4)
- Act of Parliament (statute)
- Introduced by government
- Recommended by law commission
- Recommended y Royal Commission
What is delegated legislation? (3)
- An enabling act eg The Building Act 1984
- Orders in council (emergency laws in time of war etc)
- Bye-laws - rules set by local authorities
What is statutory interpretation? (3)
- Written word is not exact form of communication
- Judges determine the ‘intention of parliament’ If not defined
- Judicial precedent may also apply
What is the history of English Law? (4)
- First written laws - 1066 Norman Conquest
- English and Welsh Law based on a new system
- Scottish law based on Roman Law
- Judges gathered information from population and established common law
What were historical ‘writs’? (3)
- Precedents from past legal issues
- Basis from which decisions were made
- Starting of Case Law
What was the resulting law that came from the writ system? (3)
- Law of Equity
- About conscience, emotion
- About discretion
What did equity and case law evolve into? (3)
- Equity and common law (current)
- Common Law - certainty
- Equity - discretionary
Map out the Division of Courts of Law
- Supreme Court
- Court of Appeal
Criminal Division
Crown Court
Magistrates Court
Civil Division
Tribunals
County Court - High Court
Queen’s Bench Division Administrative Court
Technology and Constuction Court (TCC)
Family Division
Tribunals
County Court
Chancery Division