Commercial law introduction Flashcards
(21 cards)
what are the two different types of law
public law and private law
what does public law consist of
- criminal law
- constitutional law
- administrative law
what does private law consist of
civil law
contract law
law of torts
property laws
how can public law be defined
public law involves the relationship between the individual and state, so for example criminal law falls within public law because pure committing a crime against the state
what is constitutional law
issues relating to the British constitution
what is administrative law
civil law issues between individual and state
what is private law
involves the rights and duties between two individuals or bodies
what’s the difference in criminal law and civil law
makes a difference to what court a case is heard in and there is a difference within the burden of proof required
what are the elements of criminal law
- regarded as a crime against the state
- cases involve a defendant and a prosecutor
- the prosecutor must prove the facts of a case beyond reasonable doubt
- ends in guilty or not guilty verdict
what are the elements of civil law
- the claimant whose aggrieved commences court action against the other party known as the defendant
- claimant must prove their case on the balance of probabilities
- results in a compensation or remedy provided to claimant if they win the case
what are the two types of legislation
primary legislation - acts of parliament
secondary legislation
what is primary legislation
- primary legistaltion are acts of parliament
- parliament consists of House of Commons House of Lords and the monarch
what is secondary legislation
its law made by persons or bodies to whom parliament has given law making powers
what is parliamentary sovereignty
Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK which can create or end any law.
what does primary legislation do?
creates new laws or changes old ones
acts known as bills until they are out of the progression period
what’s the House of Commons made up of
made up of 650 elected mps with a general election taking place at least once every 5 years
what is the House of Lords made up of
approximately 800 unelected peers and 26 bishops who don’t necessarily have party affiliation and will scrutinise bills from the house of commons
what are the stages of a bill being passed
- first reading : bill is read aloud to HoC
- second reading : principles of bill debated in the house
- the MPs then take a vote on wether the bill should pass onto next stage
- committee stage: bill is examined and discussed in more detail by a HoC committee
- amendments could be made
- report stage committee reports back to the house and any amendments debated and voted on
- third reading: bill re presented to the house final vote taken on wether to pass the bill
- transfer to the HoL the bill will undergo a similar process
- if HoL amends the bill it needs to go back for further discussion
- royal assent sent from hoC the monarch must consent and sign bill before it becomes law
what is delegated legislation?
Delegated legislation is a law made by ministers or other bodies using powers given to them by an Act of Parliament
what are the advantages of this
saves parliament time
more efficient than going through parliament process
easier to amend
experts can be used where very technical detail required
what are the disadvantages of this
parliament no longer in direct control of all legislation
insufficient time given to consider issues
excessive legislation may be passed
might not be adequately publicised without parliamentary involvement
