English Legal System & Court Structure Flashcards

What type of law is primarily made by judges through decided cases?

Answer: Common law

Common law (also called case law or judge-made law) develops through judicial decisions in cases, forming binding precedents for future cases.

Which division of the High Court deals with company law and insolvency?

Answer: Chancery Division

The Chancery Division of the High Court handles matters including company law, insolvency, trusts, and probate.

What is 'obiter dicta' in a judgment?

Answer: Statements made by the way, not forming part of the binding ratio

Obiter dicta are judicial remarks made 'by the way' that do not form the binding ratio decidendi but may be persuasive in future cases.

Which court handles the most serious criminal trials in England and Wales?

Answer: The Crown Court

The Crown Court hears trials for indictable offences (serious crimes) and uses a jury of 12 members of the public to determine guilt.

What is 'delegated legislation'?

Answer: Law made by bodies other than Parliament under authority granted by Parliament

Delegated legislation is law made by ministers, local authorities, or other bodies using powers granted to them by an enabling Act of Parliament.

What is the function of the County Court?

Answer: To hear civil claims, particularly those of lower financial value

The County Court is the main court for civil claims of lower value, hearing matters such as contract disputes, personal injury, and housing cases.