Essential elements of legal system

Question 1

What is the three-track system in civil law

Answer 1

1) The small claims track
2) The fast track
3) The multi-track

Question 2

What is the monetary limit for civil claims allocated to the small claims track?

Answer 2

£10,000

Question 3

Which decisions bind the Crown Court?

Answer 3

1) Decisions of the High Court
2) Decisions of the Court of Appeal
3) Decisions of the Supreme Court

Question 4

When does a Parliamentary Bill becomes an Act of Parliament:

Answer 4

On receiving the Royal Assent.

Question 5

What is the normal standard of proof placed upon the prosecution in a criminal case?

Answer 5

Beyond reasonable doubt

Question 6

Can statute override the decision of the Supreme Court?

Answer 6

No, Statute overrides all courts

Question 7

What does the ‘Golden Rule’ of statutory interpretation mean?

Answer 7

Words should be given their ordinary grammatical meaning unless the meaning is manifestly absurd

Question 8

There is concern over the validity of certain statutory instruments issued by a minister.

How can the courts control such delegated legislation?

Answer 8

By use of the doctrine ultra vires.

Ultra vires means acting beyond power

Question 9

What is the superior source of law?

Answer 9

Ratio decidendi of the Court of Appeal

The ratio decidendi of a higher court overrules that of a lower court.

Question 10

Which of the following is/are correct?

(i) Parliament can delegate law-making powers to a Minister in charge of a Government department.
(ii) Parliament can delegate law-making powers to professional bodies.
(iii) Parliament can delegate law-making powers to local authorities.

Answer 10

(i), (ii) and (iii)

Parliament can delegate law-making powers to any person it sees fit.

Question 11

What is the normal standard of proof placed upon the prosecution in a Civil case?

Answer 11

Balance of probabilities

Question 12

What is the ‘Literal rule’?

Answer 12

The ordinary meaning of words are applied where only one meaning is possible.

Question 13

What is the role of a legislature?

Answer 13

to put forward recommended statutes

Question 14

What is the role of the executive?

Answer 14

Make the decision if a statute should be passed or not, process the statute

Question 15

What is the role of the judiciary?

Answer 15

Judges that interpret and apply the statute

Question 16

How many member states are in the UN?

Answer 16

196 states

Question 17

Which two bodies are involved in drafting international laws?

Answer 17

1) UNCITRAL (UN commission on International trade law)

2) International law commission

Question 18

What are incoterms?

Answer 18

Are used in contracts to establish when risk is passed and helps understand terms of delivery

Question 19

Who developed incoterms?

Answer 19

International chamber of commerce

Question 20

What are the 2 categories of incoterms?

Answer 20

• any mode of transport (partial sea transport included)

- sea and inland waterway transport

Question 21

What does EXW stand for and apply to?

Answer 21

'’ex works’’

seller has minimum obligation in delivery, buyer pays for all costs

Question 22

What does FCA stand for and apply to?

Answer 22

'’free carrier (named place)’’

seller completes obligations when good are cleared for export and custody transferred to name carrier at specified place

Question 23

What does CIP stand for and apply to?

Answer 23

'’carriage and insurance paid to’’

seller responsible for carriage and insurance up to specified place after that buyer is responsible

Question 24

What does CTP stand for and apply to?

Answer 24

'’carriage paid to’’

seller pays costs of delivery up to stated locations after buyer is responsible

Question 25

What does DAT stand for and apply to?

Answer 25

''delivered at terminal'' seller has to pay for carriage to terminal and costs associated up to time goods are unloaded at the terminal. does NOT include import clearance (that is buyers responsibility) goods marked as delivered when unloaded at terminal stated in the contract (named port/place of destination)

Question 26

What does DAP stand for and apply to?

Answer 26

''delivered at place'' seller responsible for all costs (excluding import clearance) involved in delivering goods to named place up to point where buyer is ready to unload goods at place

Question 27

What does DDP stand for and apply to?

Answer 27

''delivered duty paid'' seller completes obligations when goods have been delivered to specified location in buyers country (costs include import tax, customs duties and any other official charge)

Question 28

What does FAS stand for and apply to?

Answer 28

''free alongside ship'' only applies to goods being transported by ship, sellers responsibilities finish when goods are placed on quay next to ship, buyer should arrange for export formalities

Question 29

What does FOB stand for and apply to?

Answer 29

''free on board'' buyer arranges shipment, seller loads goods on ship, seller provides export documents and buyer provides import documents

Question 30

What does CFR stand for and apply to?

Answer 30

''cost and freight'' only applies to goods delivered by ship, seller pays all costs until goods have 'passed the ships rail' in export country port, buyer arranges marine insurance and customs costs

Question 31

What does CIF stand for and apply to?

Answer 31

''cost. insurance and freight'' all 3 costs are covered by seller, insurance that buyer has right to recover from insurance (min insurance cover is contract price + 10%)

Question 32

When directors alter the company's Articles of Association, who must it be bona fide in benefit of?

Answer 32

the company as a whole

Question 33

To what extent is a member of a company limited by guarantee personally liable for the company’s debts?

Answer 33

His personal liability is limited to the amount identified in the statement of guarantee upon a winding up.

Question 34

Who must sign The Memorandum of Association of a company?

Answer 34

only the subscribers

Question 35

What is the liability of a member of an unlimited company?

Answer 35

Member also holds unlimited liability, so has to pay a call without limit on a winding up

Question 36

To meet the minimum requirements of CA2006, how long should a public company keep its accounting records for

Answer 36

6 years

Question 37

To meet the minimum requirements of CA2006, how long should a private company keep its accounting records for

Answer 37

3 years

Question 38

How can a principal can give authority to the agent?

Answer 38

express implied apparent

Question 39

What are the characteristics of a partnership?

Answer 39

* must have 2 or more partner * must have some sort of business activity * partners are agents of the partnership ( joint liability)

Question 40

What must be sent to the Registrar when forming a limited liability partnership?

Answer 40

* registered office address * name of LLP * names and addresses of all members

Question 41

What are the three types of legals systems?

Answer 41

- Common law - Civil law - Sharia law