ACCA F4 Law notes 2

Topics: Law, Common law, European Union Pages: 19 (345 words) Published: April 22, 2015

Law
Criminal Law
Civil Law
Crime committed against the state
Sets rights & Duties of people between themselves
Must prove guilt
Must show liability
Guilt must shown to be beyond reasonable doubt
Liability shown on the balance of probabilities
Regulates society by threat of punishment
Rights the financial position so that no wrong had occurred
Fine, imprisonment, community service.
Damages or other remedies (specific performance/injunction )

Sources of Law

Law

Case Law (follow earlier decisions)Legislation

Common LawEquityDirectIndirect
-only remedy damages-flexible
-inflexible -introduced remedies
-introduced precedentsuch as injunctions &
-developed by local customsspecific performances.
-developed as an
appeal to remedy
injustices of common
law.
-prevails common
law.

Courts

House of Lords
5 law lords hear Court of Appeal appeals & occasionally High Court appeals.

Court of Appeal
3 lord Justices of appeal hear appeals from both courts.

County CourtHigh Court of Justice
- Civil claims: contract, tort, landlord
& tenant, probate & insolvency
- A district judge hears small claims.
Informal & no costs awarded.Queens bench
- A circuit judge hears fast track & division first instance
some multi-track cases. contract & tort.
First instance a highFamily division
court judge.matrimonial cases

Chancery division Land law, trusts, company

& partnership law. Appeals
County Court.

Magistrates' Court
European Court of Justice (ECJ)
European Court of Human Rights (ECtHR)
Jurisdiction is mainly criminal, but does have civil jurisdiction in family matters such as contact orders, adoption, and maintenance. There are also powers of recovery of council tax arrears and charges for water, gas and electricity. ECJ deals with actions between the EU institutions and the member states. It is the ultimate authority on the interpretation of European law. ECJ is therefore superior to the House of Lords.

Cases are referred to the ECJ by national courts.
The final court of appeal in relation to matters concerning HRA 1998. Proceedings in the English courts must have been exhausted before ECtHR will hear a case. Appeals to Crown Court or High Court.

No appeal.
No appeal.

Employee – works under a contract of service.
Self-employed – works under a contract for services....
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