4009CLS Workshop 2 - English Legal System

Which of the following cannot make law?

• Judges

• The Government

• The Monarch

Answer explanation

Judges can create the common law through the cases that fall before them. The government are responsible for creating Acts of Parliament. The Monarch does not make laws, they just give their approval to any laws being created.

In Civil Law, the person who is having a claim brought against them is called the...

• Claimant

• Defendant

• Respondent

• Appellant

Answer explanation

The claimant is the person who is bringing the claim in civil law. In criminal law, the defendant is the person who has committed the offence.

Does Criminal Law fall under Public or Private Law?

• Public

• Private

Answer explanation

Public Law, because a person will have committed an offence against the State.

What is another name for an Act of Parliament?

Public Law involves a dispute between 2 or more people.

• True

• False

Answer explanation

Public Law involves an offence committed by a person against the State. A dispute between two or more people falls under Private Law.

What is the highest court in the land (England and Wales)?

• Crown Court

• Supreme Court

• Magistrates' Court

• High Court

Answer explanation

The Supreme Court is in London and hears the most powerful court in England and Wales.

Which of the following is a civil court?

• Magistrates' Court

• High Court

• Crown Court

• County Court

Answer explanation

You could have said either the High Court or the County Court. They both try and resolve disputes between two parties but the High Court has more jurisdiction.

Which of the following is NOT a form of Alternative Dispute Resolution (ADR)?

• Litigation

• Mediation

• Conciliation

• Arbitration

Answer explanation

Litigation is going to court, which is what you are trying to avoid. The other options are the alternatives of going to court.

What is the ratio decidendi?

Answer explanation

It's when a judge provides their legal reasoning for their decision.

Name 2 types of delegated legislation.

Answer explanation

If you said two of these 3, you'd be right: Orders in Council, Statutory Instruments, or Byelaws