introduction to law

Question 1

what is law

Answer 1

collection of rules that are enforceable

Question 2

what is criminal law

Answer 2

between the state and an individual; maintains law and order; purpose to punish offenders and protect the public

Question 3

what are examples of civil law

Answer 3

disputes between companies, divorce, custody, restraining orders, contract law, employment law, maternity rights

Question 4

what is the purpose of civil law

Answer 4

to uphold rights of individuals against employers, businesses or one another

Question 5

what does R mean

Answer 5

rex which is the prosecutor

Question 6

what decides law

Answer 6

parliament, judges, privy council, local authorities, individual companies

Question 7

who starts a civil case

Answer 7

the individual

Question 8

who starts a criminal case

Answer 8

the state through cps

Question 9

which courts hear civil cases

Answer 9

county and high courts

Question 10

what courts near criminal cases

Answer 10

crown and magistrate courts

Question 11

what is the standard of proof for a civil case

Answer 11

balance of probabilities (above 50%)

Question 12

what is the standard of proof for criminal cases

Answer 12

beyond all reasonable doubt

Question 13

who makes the decision in a civil case

Answer 13

judge (rarely jury)

Question 14

who makes the decision in criminal cases

Answer 14

magistrates or jury

Question 15

what are the possible verdicts of a civil case

Answer 15

liable/ not liable

Question 16

what are the possible verdicts of a criminal case

Answer 16

guilty/ not guilty
convicted/ acquitted

Question 17

what are the powers of the court in a civil case

Answer 17

damages, equitable remedies, injunction, rescission

Question 18

what are the powers of the court in a criminal case

Answer 18

jailed, fined, probation, community service, curfew, discharge

Question 19

what is the definition of contract

Answer 19

legal body that encompasses both the origination, enforcement and ultimate enactment of all legal contracts of agreements

Question 20

what is the definition of tort

Answer 20

civil wrong by the tortfeaster that unfairly results in loss or harm to another

Question 21

what is the definition of damages

Answer 21

any amount of money awarded by a court in order to compensate a claimant who’s suffered loss/damage as a result of a wrong for which the defendant is responsible

Question 22

what is the definition of compensatory

Answer 22

money awarded to an injured party that compensates for damages, injury, or another incurred loss - punishes party who did the act

Question 23

what is the definition of claimant

Answer 23

party who brings court action to make a legal complaint against someone else

Question 24

what is the definition of standard of proof

Answer 24

amount of evidence that is necessary and needed to prove an assertion or claim in a trial in court

Question 25

what is the definition of liable

Answer 25

responsible of answerable - legally obligated

Question 26

what is the definition of contested

Answer 26

people involved in a case does not agree on what the outcome of the case should be

Question 27

what is the definition of probate

Answer 27

legal right to deal with someone’s property money and possessions (their estate) when they die

Question 28

what is the definition of appeal

Answer 28

a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court

Question 29

what is the definition of leapfrog

Answer 29

the procedure for appealing direct to the supreme court from the high court of a divisional court, bypassing the court of appeal

Question 30

what is the definition of jurisdiction

Answer 30

the authority of power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends

Question 31

what is the definition of chancery

Answer 31

a court of equity that is authorised to apply principles of equity rather than principles of law to cases before it

Question 32

what is a statute

Answer 32

an act of parliament

Question 33

what are bylaws

Answer 33

minor laws that can be made by city councils

Question 34

what is parliamentary supremacy

Answer 34

rule that parliament is the highest authority in the uk; can create or end any law, courts cannot overrule its legislation, no parliament can pass laws that future parliament cannot change

Question 35

what is the meaning of equity

Answer 35

fairness

Question 36

what happened during the LNER v Berriman case

Answer 36

mrs berriman’s husband was killed after hit by a train whilst doing maintenance work (oiling points on track); regulations said a look-out person should be provided to those working on railway for purposes of ‘relaying and repairing’; mrs berriman claimed compensation for husbands death; claim rejected due to him maintaining track at his time of death

Question 37

what happened during the Hill v CCWY case

Answer 37

1975-1980 Sutcliffe killed 13 young women his last victim Jacqueline Hill was murdered in leeds 17 nov 1980; Sutcliffe arrested for drink driving april 1980; killed 2 more women and attacked 3 others whilst awaiting his trial; arrested jan 1981; Hill’s mum called out failings of WYP an officers’ fixation upon a message sent from the killer was a hoax; officers interviewed Sutcliffe as a suspect 9 times and were sent a letter by Trevor Birdsall (long time associate of Sutcliffe) who stated he had a fixation with prostitutes and believed he was the killer; Birdsall’s letter was ignored for months; mrs Hill’s claim for compensation was rejected for policy reasons due to a concern it would lead to more claims against the police