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LAW > General > Flashcards

General Flashcards

1
Q

civil vs criminal: terminology

A

civil = claimant + defendant
criminal = prosecution (state) + accused

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2
Q

civil vs criminal: standard of proof

A

civil = probability
criminal = beyond reasonable doubt

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3
Q

civil vs criminal: burden of proof

A

civil = claimant
criminal = prosecution

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4
Q

civil vs criminal: brings the action

A

civil = claimant
criminal = the State

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5
Q

civil vs criminal: aim of legal action

A

civil = compensation
criminal = punishment

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6
Q

codify law

A

collecting and restating law

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7
Q

delegated legislation

A

secondary legislation - created by specialist individuals/organisations as directed by Parliament - allows P to focus on the purpose of the statute whilst leaving the detail to the experts

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8
Q

case law is based on which concept?

A

common / case law is based on judicial precedent. must be consistent - have to follow previous decisions made by other judges.

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9
Q

UNCISG purpose

A

to facilitate international trade - source of contract law - can choose to apply

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10
Q

sale of goods between parties in contracting states - does UNCISG contract law apply?

A

yes

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11
Q

sale of goods between parties who refer to CISG in the contract - does UNCISG contract law apply?

A

yes

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12
Q

sale of services/labour - UNCISG

A

no

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13
Q

sale of goods where buyer supplies most of the materials for the goods - does UNCISG contract law apply?

A

no

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14
Q

sale of goods for personal or household use - does UNCISG contract law apply?

A

no

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15
Q

sale of goods by auction - does UNCISG contract law apply?

A

no

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16
Q

which are restricted goods - UNCISG

A

electricity
aircraft
investments

17
Q

UNCISG - obligations of the buyer

A

to pay the price for the goods and comply with any formalities to enable payments to be made

18
Q

UNCISG - obligations of the seller

A
  • to deliver the goods to the place + at the time agreed in the contract
  • to deliver goods of the quantity, quality + description set out in the contract
  • to package in the agreed manner
19
Q

incoterm - minimum obligation

A

EXW - ex-works - goods available at seller’s place of business

20
Q

incoterm - maximum obligation

A

DDP - delivery duty paid - seller bears all cost and risks from clearing goods for export, delivery and clearing goods for import at a named destination

21
Q

incoterm - ship only

A

FAS, FOB, CFR, CIF

FAS = Free Alongside Ship
FOB = Free On Board
CFR = Cost and Freight
CIF = Cost Insurance Freight

22
Q

do you have to apply UNCISG if you qualify for it?

A

no - can choose - simply to facilitate trade - SALE OF GOODS ONLY
not labour or when the buyer produces most of the goods

LAW (22 decks)

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