Introduction to Law and Practice Flashcards

Under the Civil Procedure Rules, which track is a defended claim for £8,000 most likely to be allocated to?

Answer: Small claims track

Claims valued at £10,000 or less are normally allocated to the small claims track under the Civil Procedure Rules. An £8,000 claim falls below this threshold and would therefore be allocated to the small claims track. The fast track handles claims between £10,000 and £25,000, and the multi-track deals with claims over £25,000 or those of particular complexity.

What is the role of the Crown Prosecution Service (CPS) in the English legal system?

Answer: To prosecute criminal cases on behalf of the state

The CPS is the principal prosecuting authority in England and Wales, established by the Prosecution of Offences Act 1985. It reviews cases investigated by the police and decides whether to prosecute, applying the Full Code Test which considers both the evidential stage and the public interest stage.

Which of the following correctly describes the purpose of the Human Rights Act 1998?

Answer: It incorporated the European Convention on Human Rights into domestic law

The Human Rights Act 1998 incorporated the rights contained in the European Convention on Human Rights (ECHR) into UK domestic law. This means individuals can enforce Convention rights directly in UK courts rather than having to take their case to the European Court of Human Rights in Strasbourg.

What does the term 'burden of proof' mean in criminal proceedings?

Answer: The obligation on a party to prove a fact in issue

The burden of proof refers to the obligation placed on a party to prove the facts in issue. In criminal cases, the burden of proof generally lies with the prosecution, who must prove the defendant's guilt. This is distinct from the standard of proof, which in criminal cases is 'beyond reasonable doubt'.

Which of the following best describes the concept of 'equity' in English law?

Answer: A body of principles developed by the Court of Chancery to mitigate the rigour of common law

Equity is a body of legal principles that developed in the Court of Chancery to supplement and remedy the deficiencies of the common law. Where the common law produced unjust results due to its rigid rules, equity intervened to achieve fairness. Equitable remedies include injunctions, specific performance, and rescission.

What is meant by the 'separation of powers' in the UK constitution?

Answer: The division of government functions between the legislature, executive, and judiciary

The separation of powers, as described by Montesquieu, divides governmental authority into three branches: the legislature (Parliament, which makes law), the executive (Government, which implements law), and the judiciary (courts, which interpret and apply law). In the UK, the separation is not absolute but the Constitutional Reform Act 2005 strengthened judicial independence.