Flashcards in General Legislation Deck (8)
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1
Define common law
Based in normal practice
Developed by judges through decisions of courts and similar tribunals
Involves duty of care
2
Define civil law
Deals with disputes between individuals or organisations
Involves negligence
Based on individual counts
3
Define statutory law & what it links to
Been made by an act of parliament
Government may introduce bill to update existing laws or develop new ones
VSA 1966, s3 amendment 2002
4
Define a precedent
Past legal decision which has not been law before
Serves as authoritative rule in similar cases thereafter
5
Define criminal law and what it links to
Deals with disputes between society* and individuals/organisations
*procurator fiscal (S) crown prosecution service (e)
Negligence re. Wet floor sign?
AHWA 2006
VSA 1966, s3a 2002?
6
Variations between civil and criminal - civil main points (5)
Civil:
Case brought by individual/company
Case heard by up to 3 judges
Outcome based on counts
Monetary compensation - can settle OOC
Resolution 3-10yrs
7
Variations between civil and criminal - criminal main points (5)
“Society” brings case to court
Heard by judge and jury
Outcome of innocent/guilty or NP in Scot
Custodial sentence/community payback order/fine or combo
Resolution 1-2yrs
8