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Flashcards · YLA1 · Topic 1

Paper 1 – Underlying Principles of Law and the English Legal System flashcards

26 cards on Topic 1, subtopics 1.1 to 1.2. Pick a subtopic or study them all.

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1.1 The nature, purpose of and liability in law

What is the difference between law and morality?
Law is enforceable by the state through the courts; morality is enforced by social pressure and conscience. They overlap (murder, theft) but differ: adultery is widely seen as immoral yet lawful, while a parking offence is unlawful but not immoral.
What was Lord Devlin’s view in the Hart–Devlin debate?
A shared morality holds society together, so the law may legitimately enforce it.
What was Professor Hart’s view in the Hart–Devlin debate?
The law should intervene only to prevent harm to others; enforcing private morality is an unjustified restriction of liberty.
Which side of the Hart–Devlin debate did the law follow on homosexuality?
Hart’s: the Wolfenden Report (1957) recommended decriminalising private homosexual acts between consenting adults, which the Sexual Offences Act 1967 did in England and Wales.
Name three types of justice
Distributive (fair allocation of resources), corrective (putting right a wrong) and procedural (a fair process).
How do Rawls and Nozick differ on justice?
Rawls: just principles are those chosen behind a “veil of ignorance”, not knowing one’s own place in society. Nozick: a distribution is just if holdings were acquired and transferred fairly (entitlement theory).
How does civil law differ from criminal law in burden and standard of proof?
Criminal: the prosecution must prove guilt beyond reasonable doubt (Woolmington v DPP, 1935). Civil: the claimant must prove the case on the balance of probabilities.
What is the difference between fault-based and strict liability?
Fault-based liability requires blameworthiness, such as mens rea or negligence. Strict liability requires no fault for at least one element, as in many regulatory offences.
What did Sweet v Parsley (1970) establish?
That courts presume Parliament intended mens rea to be required for a criminal offence unless the statute clearly says otherwise.

1.2 The sources of English law, its enforcement and administration

What are the stages of a Bill in Parliament?
Green Paper → White Paper → First Reading → Second Reading → Committee Stage → Report Stage → Third Reading → the other House → Royal Assent.
What is parliamentary supremacy (Dicey)?
Parliament can make law on any subject, no Parliament can bind its successors, and no other body can override an Act of Parliament.
What limits parliamentary supremacy in practice?
Devolution, the Human Rights Act 1998 (declarations of incompatibility), international treaty obligations, and the government’s control of the parliamentary timetable.
What is a declaration of incompatibility?
A court’s statement under the Human Rights Act 1998 that an Act conflicts with Convention rights. It does not strike the Act down, but puts political pressure on Parliament to change it.
Name the three types of delegated legislation and who makes each
Orders in Council: the King and Privy Council. Statutory instruments: government ministers. By-laws: local authorities and public bodies.
What is the difference between procedural and substantive ultra vires?
Procedural: the correct procedure in the enabling Act was not followed. Substantive: the body went beyond the powers the enabling Act gave it.
What is the literal rule? Give a case
Words are given their plain, ordinary meaning even if the result is absurd. Fisher v Bell (1961): a flick knife in a shop window was not “offered for sale”, because display is an invitation to treat.
What is the golden rule? Give a case
The literal meaning is departed from to avoid an absurd result. Adler v George (1964): “in the vicinity of” a prohibited place was read to include being inside it.
What is the mischief rule? Give a case
From Heydon’s Case (1584): judges ask what mischief the Act was passed to remedy. Smith v Hughes (1960): prostitutes tapping on windows were “soliciting in a street”.
What did Pepper v Hart (1993) decide?
That judges may consult Hansard (the record of debates in Parliament) as an extrinsic aid where a statute is ambiguous or obscure.
What is the difference between ratio decidendi and obiter dicta?
The ratio decidendi is the legal reasoning needed for the decision, which binds lower courts. Obiter dicta are other remarks, which are only persuasive.
What is the difference between distinguishing, overruling and reversing?
Distinguishing: material facts differ, so a precedent is not followed. Overruling: a higher court declares an earlier decision in a different case wrong. Reversing: a higher court changes the outcome of the same case on appeal.
What is the Practice Statement 1966?
A statement allowing the House of Lords (now the Supreme Court) to depart from its own previous decisions when it appears right to do so. It is used sparingly to preserve certainty.
What is the Law Commission, and what is its main weakness?
A full-time, independent body that systematically reviews the law and recommends reform. Many of its reports are not implemented, for lack of parliamentary time.
When did the Supreme Court replace the House of Lords as the highest UK court?
In October 2009, under the Constitutional Reform Act 2005.
What majority verdicts can a jury give?
Under the Juries Act 1974, 11–1 or 10–2 with a full jury of 12 (10–1 with 11 jurors, 9–1 with 10).
Name four forms of alternative dispute resolution
Negotiation, mediation, conciliation and arbitration (governed by the Arbitration Act 1996).

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