Summary SQE 1 Legal System of England and Wales and Sources of Law
66 views 1 purchase
Course
SQE1
Institution
SQE1
Introducing “Legal System of England and Wales and Sources of Law” notes from The SQE Hub specifically tailored by addressing each of the assessment specifications listed on the SRA website. These high yield notes are an amazing revision aid and address the following:
- The Courts: the judici...
legal system of england and wales and sources of law
sra assessment specifications
university of law
the college of legal practice
Written for
SQE1
SQE1
SQE1
All documents for this subject (155)
Seller
Follow
sqehub
Content preview
Created by The SQE Hub 2023
LEGAL SYSTEM OF E&W AND ITS SOURCES OF LAW
SQE 1 Assessment specification: The Courts
The Judiciary:
Court Hierarchy:
- Civil law is private law - law concerned with relations between individuals. C brings
the case. D defends the case. Burden of proof is on C. Standard of proof is balance
of probabilities.
- Criminal law is public law - concerned with relationship between people and the
state. Case is brought by prosecution against D. Burden of proof is on prosecution.
Standard is beyond reasonable doubt.
- Trail and appellate courts; and superior and inferior courts.
Trial Courts = hear cases at 1st instance- hear the facts and law and make a ruling
Appellate courts = consider the law for a case that has already been heard
Superior Courts = have unlimited geo and financial jurisdiction - deal with more complex
case i.e. supreme court, court of appeal, high court and crown court.
Inferior courts = hear cases from particular localities within E&W and their cases are more
straightfwd i.e. county court, Mag court
- Privy council - made up senior judges and hear cases from commonwealth countries.
Decisions not binding on any court but can be highly persuasive.
1
, Created by The SQE Hub 2023
ECHR and Privy council
ECtHR
- HRA 1998 - courts take into account decisions of ECtHR but do not have to
implement them.
- R v Hirst - applicant won in ECtHR and ECtHR made a judgement against the UK
govt - but UK govt does not have to follow the ECtHR’s decision like they do for the
supreme court.
Privy Council
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller sqehub. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R186,67. You're not tied to anything after your purchase.
