Chapter 1

Question 1

How does law relate to Insurance?

Answer 1

An insurance policy is a legal contract - subject to laws that apply to all contracts and insurance principles

Question 2

Public Law

Answer 2

Concerned with the legal structure of the state and relationships between the state and relationships between the state and members of community.

Question 3

What law does public law include

Answer 3

constitutional law, administrative law and criminal law

Question 4

constitutional law

Answer 4

Structure of main government institutions and how they work with each other including central and local government

Question 5

What is UK constitutional law based on

Answer 5

Statutes, common law and conventions

Question 6

Administrative Law

Answer 6

Relationship between private citizens and agencies of local and central government i.e. power of local boards, health and education and licenses

Question 7

Criminal Law

Answer 7

A crime is conduct which the law deems to be criminal under statute or common law

Question 8

Who brings charges in criminal law

Answer 8

The state (or the crown)

Question 9

What is the main goal of civil law

Answer 9

To offer compensation for the aggrieved party

Question 10

Function of criminal law

Answer 10

• establishes behavioural benchmarks people should adhere to
• forbids actions which pose harm
• aims to penalise those who commit offences
• principal of detterence

Question 11

Sources of criminal law

Answer 11

• set by precedent by judges in past cases which rely on case law
• some are defined by legislations or statutes (statutory offences)
  -these can be further refined by case law

Question 12

Categories of criminal offences

Answer 12

• summary offences (minor crimes dealt with by magistrates court)
• either way offences (magistrates or crown court)
• indictable only ( high penalty crimes ie murder)

Question 13

Private Law

Answer 13

governs relationships between people such as individuals and businesses

Question 14

Jurisdiction

Answer 14

authority or power of specific court or the territory over which the legal authority of a court extends ie did it happen in that area and does the court have the power to adjudicate

Question 15

Characteristics of english law

Answer 15

• age and continuity;
• little codification;
• judge-made law;
• independence of the judiciary;
• adversarial system;
• no written constitution; and
• rule of law.

Question 16

Rule of Law

Answer 16

Considered as the following principles:
- the powers exercised by policticians must have a proper foundation (linked to separation of powers)
- law should be reasonable and predictable
- no one should be punished or deprived of property without reasonable hearing
- every person should have access to courts

Question 17

Development of English law

Answer 17

common law refers to unified law system i.e. those part of our law are contained in the decision of the courts

Question 18

Equity

Answer 18

gloss or supplement to the common law and is a collection of rules offering an alternative to a legal problem

Question 19

Principles of Equity

Answer 19

• law of trusts
• specific performance
• injunction

Question 20

Source of English Law

Answer 20

• legislation
• judicial precedent (case law)
• local custom
• legal books and treatises

Question 21

The protocol

Answer 21

• NI must remain aligned to EU single market and customs rules to avoid hard land border
• UK must provide opportunities for NI assembly to decide to discontinue application of articles 5-10
• NI must remain part of UK customs territory and VAT area
• UK authorities are responsible for implementing and applying provisions of EU law

Question 22

Legislation

Answer 22

Law which has been created in formal way and set down in writing - only parliament can do this (sometimes called statute law)