Chapter 4-8

Question 1

Civil Law distinctions

Answer 1

Claimant, proof is balance of probs, decisions liable/not libel, compensation, remedies are damages

Question 2

Criminal Law distinctions

Answer 2

Prosecution, proof is beyond reasonable doubt, guilty/not, punishment, and remedies are fines or prison

Question 3

Common Law

Answer 3

law created by judges through their application of principles of judicial precedent. added certainty

Question 4

Equity Law

Answer 4

fairness is the principle. where common and equity law conflict, equity will prevail. gloss to the common law

Question 5

UK Statute legislation process

Answer 5

Green Paper, White Paper, First Reading, Second Reading, Committee Stage, Report Stage, Third Reading. Must be completed by both houses, then royal assent

Question 6

public acts

Answer 6

government or private member bills

Question 7

private acts

Answer 7

power relating to individuals, such as a company given power to acquire land through compulsory purchases (Olympics)

Question 8

Enabling acts

Answer 8

those acts that confer legislative abilities to designated bodies

Question 9

Consolidating legislation

Answer 9

designed to bring together existing acts without emending them

Question 10

codifying legislation

Answer 10

Bringing together existing statute with common law rules such as Partnership Act 1890

Question 11

Orders in Council

Answer 11

Delegated legislation - created by non party political body of parliamentarians known as the privy council

Question 12

statutory instruments

Answer 12

delegated legislation - created by government ministers

Question 13

Advantages of delegated legislation

Answer 13

time saving, expertise, flexibility (laws can be changed quickly)

Question 14

Disadvantages of delegated legislation

Answer 14

Accountability, scrutiny, bulk (3000 SIs per year leading to increasing bureaucracy and compliance costs for UK business)

Question 15

Control of delegated legislation

Answer 15

Parliment and Courts (may declare any piece of delegated legislation ultra vires and void

Question 16

Ultra Vires

Answer 16

Beyond capacity

Question 17

Canons of Statutory Intepretation

Answer 17

When reading acts. Does not alter common law, no retrospective effect, does not deny liberty, crown is not bound, international laws not broken, strict liability will not be imposed, eiusdem generis

Question 18

Eiusdem Generis

Answer 18

when a general list of words follows a specific example, list will be interpreted in lught of the specific example

Question 19

Literal rule of intepretation

Answer 19

words will be given their dictionary meaning

Question 20

Golden rule of interpretation

Answer 20

when application of literal rule results in a manifest absurdity

Question 21

Mischief Rule of Intepretation

Answer 21

enable the judge to intepret a statute in such a way as the give the statute the lawful effect for which it was intended

Question 22

Intrinsic Aids for intepretation

Answer 22

The title, the preamble, schedules of the act

Question 23

Extinsic aids for intepretation

Answer 23

Interpretation act,, hansard, dictionary, reports of commissions (such as law commission reports)

Question 24

Primary EU Law

Answer 24

Treaties - directly applicable

Question 25

Secondary EU Law

Answer 25

Regulations (directly applicable and binding); directives (not directly applicable, left to members to alfter national law within 2 years); Decisions (binding to recipiant states and individuals, relate to operation of EU law); recommendations (no formal legal effect, but persuasive)

Question 26

Legislative Procedure of EU

Answer 26

ECJ (final authority on communitee law); Council of Ministers (responsible for adoption of legislation proposed by commission); Commission (propose draft legislation); European Parliment (advisory and debating body which council of ministers brings law into effect)

Question 27

Stare Decisis

Answer 27

to stand by a decision

Question 28

Heirarchy of courts UK

Answer 28

Supreme Court (binds all lower courts, but not itself); court of appeal (binds all lower courts, and itself); High Court (binds all lower courts, and usually itself); Crown, magistrate, county (cannot create precedent)

Question 29

Judge reaching a decision

Answer 29

examine the facts to detemine material facts, consider the law, apply the law

Question 30

Ratio Decidendi

Answer 30

reason for decision - binding element

Question 31

Obiter Dicta

Answer 31

Statements made by the way - non binding but persuasive

Question 32

When established presidents are not binding

Answer 32

Overruling; reversing; per incuriam (decision made without care); distinguishing (president is avoided by demonstating material facts are different)

Question 33

Advantages of State Decisis

Answer 33

Certainty, reform & flexibility; bulk

Question 34

Disadvantages of State Decisis

Answer 34

Danger of illogical decisions, rigidity, unconsitiutional, retrospective (law reactive rather than proactive

Question 35

Country that use codified legal systems

Answer 35

France, Germany, Poland, Italy, Greece, Cyprus

Question 36

USA System of Law

Answer 36

Operates at national and state level, with federal law prevailing. Constitution seen as supreme law of the land. Federal Legislation introduced by two chambers of congress. Law of president

Question 37

Chinese System of Law

Answer 37

administered through system of 800,000+ mediation committees

Question 38

Primary sources of Sharia Law

Answer 38

Qur'an, Sunnah (directions approved by Prophet), unanimity of the diciples of Muhammed

Question 39

5 Pillars of Islam

Answer 39

Obligatory, meritorious, permissible, reprehensible, forbidden

Question 40

Tort Defined

Answer 40

wrongful act act against an individual which gives rise to a civil claim

Question 41

Claimant must prove for a tort to exist

Answer 41

duty of care owed; breach of that duty; breach of duty caused harm; losses were not too remote

Question 42

Duty of care qualification

Answer 42

was harm caused reasonably foreseen? was there sufficient proximity? Would it be fair, just and reasonable to impose duty of care?

Question 43

Standard of care owed by individual

Answer 43

Skilled persons (e.g. qualified accountant); likelihood of injury; seriousness of risk; cost and practicality

Question 44

Causation Test

Answer 44

1. Causation for fact - 'but for' test. 2. causation on law - claiment must prove the is no novus actus intervenius

Question 45

Novus Actus Intervienus

Answer 45

break in chain of causation

Question 46

Defences for a tort

Answer 46

avoid, avoid (known risk on behalf of claiment), reduce (claimant has contibuted to injury); limit (tort should be brought forward within 6 years)

Question 47

Negligent misstatements

Answer 47

special relationship with defendent to establish duty of care. e.g. accountants, auditors, options given in professional capacity, client suffers economic loss