English Legal System Flashcards

1
Q

what are 2 alternatives to civil courts?

A

ADR or tribunals

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2
Q

What are the 3 civil court tracks and what are the damages associated with each?

A

small claims < £10,000
Fast tracks £10,000 —> £25,000
Multi-track > £25,000

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3
Q

Who reformed the civil courts and when?

A

Lord Woolfe, 1990s

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4
Q

What is law repeal?

A

removing unnecessary laws

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5
Q

what is codifacation

A

compiling all legislation into one “code”

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6
Q

what are the 4 aims of the law commission?

A
ensure law is:
fair
modern
simple
cost-effective
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7
Q

what is a white paper?

A

informative document about proposed legislation

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8
Q

what is a green paper?

A

Draft bill

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9
Q

what types of crimes dont require fault

A

strict and absolute liability

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10
Q

why do crimes require fault?

A

without fault, its just an accident

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11
Q

what does ADR stand for?

A

Alternative Dispute Resolution

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12
Q

what is jeremy Bentham’s view on utilitarianism?

A

the morality of an actions is determined by the value or consequence it brings

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13
Q

what is aristotle’s theory on distributive wealth?

A

a just society will distribute wealth based on the contribution made to society

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14
Q

what are the 3 ways of funding a civil case?

A

Own resources
insurance
Conditional win fees

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15
Q

what are some examples of a scenario where negotiation may be used?

A

noise complaints
faulty goods
bad service from tradesperson

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16
Q

what does the literal rule assume?

A

perfect drafting by parliament

17
Q

who do public bills affect?

A

the public

18
Q

do private members bills become acts often?

A

no

19
Q

how many divisions of tribunals are there

A

7

20
Q

who chooses what needs to be reformed?

A

Lord chancellor and the Law Commission

21
Q

what were the 3 main issues for lord Woolfe?

A

cost, delay and complexity

22
Q

what was Karl Marx’ theory on distributive wealth

A

from each, according to his ability, to each, according to his need