C1 Flashcards
Identify whether the following statements regarding civil law are true or false.
The parties in a civil law case are the prosecution and the defendant.
True A
False B
Civil law cases are decided on the balance of probability.
True C
False D
B C
Civil law - claimant/defendant
Criminal - defendent/prosecution
Civil - probability
Criminal - beyond reasonable doubt
Under the criminal law, the burden of proof rests with the accused.
True A
False B
Under the criminal law, the victim of the crime is not entitled to damages from the guilty party.
True C
False D
B false
Civil burden of proof - claimant
Criminal burden of proof - prosecution
C true
Criminal - punishment not compensation
Court - compensation not punishment
Legislation that authorises a government minister or department to create the detail of the law is known as:
A Consolidating legislation
B Delegated legislation
C Codifying legislation
D Primary legislation
B delegated legislation (secondary) - allows individuals/organisations to form the detail of the law (experts)
Consolidating (brings together different pieces of legislation into a single doc) + codifying (gives case law a statutory basis) legislation = primary
Consolidating - does not involve creating a new legal act
Codifying - involves creating a new legal act (bringing together existing laws into a single new act)
On the basis of which of the following should English law be consistent and not become inoperative through the lapse of time?
A Standard of proof
B Reasonable doubt
C Judicial precedent
D Legal consequences
C - the basis of the law should be consistent and must not become inoperative through the lapse of time
Amberly Ltd is entering into the following two contracts. Both contracts are with customers that have their place of business in another state from Amberly Co.
The first contract is with Yuz Co. Under this contract, Yuz Co will supply Amberly Ltd with the raw materials to make pizza dough. Amberly will use the materials to make pizza dough, form it into pizza bases, bake them and transport the pizza bases back to Yuz Co so that it can sell them in its stores.
The second contract is with Zut Co. Under this contract, Amberly Ltd will sell commercial kitchen equipment to Zut Co. Zut Co will sell the equipment on to businesses in the hospitality industry in its country
Does the contract fall under the scope of the UN Convention on Contracts for the International Sale of Goods (UNCISG)?
Yes A
No B
Yuz - no - Yuz Co supplies most of the materials
Zut - yes - commercial, businesses in different states, goods are not exempted
Which of the following describes, in full, the obligations of the seller under the UN Convention on Contracts for the International Sale of Goods (UNCISG)?
A To deliver goods of the quality and description set out in the contract and to package them in
the agreed manner
B To deliver goods of the quantity and quality set out in the contract
C To deliver goods of the quantity, quality and description set out in the contract
D To deliver goods of the quantity, quality and description set out in the contract and to package them in the agreed manner
D
- quantity, quality + description per contract
- package in agreed manner
Unless otherwise stated in the contract, under the UN Convention on Contracts for the International Sale of Goods (UNCISG), where does risk to the goods pass from the seller to the buyer in contracts where carriage is included?
A When the contract is concluded
B When the goods are passed to the first carrier
C When the goods are passed to the final carrier
D When the goods have been delivered to the buyer
B - when carriage is included in the contract, risk passes when the goods have been passed to the first carrier
Which of the following ICC Incoterms places the maximum obligations on the seller?
A DAP
B DDP
C CPT
D CFR
B
In Sharia law, what is riba?
A The concept of unlawful gain
B The concept of excessive profits
C The concept that profits should be shared
D The concept of cooperation
A
