Summary SQE 1 Legal System of England and Wales and Sources of Law
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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
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university of law
the college of legal practice
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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.
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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
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