Introduction to Law Flashcards
1
Q
Define Law
A
Body of rules aimed at regulating behaviour
2
Q
What are the characteristics of English lawe
A
Judges may make law uncodified continuity Adversial triall system Binding Precedent
3
Q
Disadvantages of the common law courts
A
limited types of claim
only remedy was payment of damages
rigid procedure and rules of evidence
4
Q
Disadvantages of the court of chancery
A
became known for the problems it was supposed to fix for example expensive and time(high delays)
wasn’t bound by law could make any ruling
5
Q
what is the difference between public and private law
A
public law relationship between individual and state
private law rights and duties between individuals
6
Q
what are 3 sections of public law
A
constitutional law
administrative
criminal law
7
Q
what are the courts of first instance
A
county court
high court
magistrates court
crown court
8
Q
which courts hear cases on appeal
A
crown court
high court
court of appeal
supreme court
9
Q
what is the president of all courts called
A
lord chief justice
10
Q
what is the name for the head of the civil division
A
master of the rolls
11
Q
what is a triable offence
A
can be heard in either the magistrates court or the crown court
12
Q
what are the three divisions of high court
A
chancery
queens beach
family
13
Q
what is the court of justice of the European union
A
one judge from each member state to ensure EU law interpreted correctly and implied in the same way if unclear ECJ can intemperate
14
Q
what is the European courts of human rights
A
sit as independent judges not representative of each country, ensure states who’ve signed and adhere to international treaty obligations
15
Q
name some alternatives to litigation
A
arbitration
mediation
conciliation
16
Q
how do laws come into existence
A
custom
european law
case law
legislation
17
Q
what is the difference between primary and secondary legislation
A
primary - made by parliament direct
secondary - delegated by parliament to particular bodies
18
Q
what is an act that passes through parliament called
A
A Bill
19
Q
what is the process of a bill
A
either house of common or house of lord then royal assent
20
Q
what is the literal rule
+ name the case if you can BONUS ( can pick from list)
A
to take words at their face value no ambiguity and clear meaning
21
Q
Explain Fisher v Bell 1960 case
A
shopkeeper displayed flick knife in window offering for sale an offensive weapon –> not guilty displaying goods is an invitation to treat
Example of literal rule
22
Q
What is the golden rule
A
Modify literal meaning to avoid any ambiguity
23
Q
Explain Adler v George 1964
A
CND demonstrator charged vincity in prohibited area claimed to not be near area but in it. –> dismiss as produces absurd results interperated to mean in area too
Example of golden rule
24
Q
what is the mischief rule
A
look at what the statue is supposed to prevent
25
Explain Corkery v Carpernter 1950
offence drunk in charge of vehicle but claimed wasn’t vehicle but was a bile --> statue put in place to prevent drunk people in charge of vehicles
Example of mischief rule
26
what is the contextual rule
in order to look at within the context of a statue as a whole
27
what is the purposeful approach
interoperate meaning by looking beyond words to determine general purpose
28
Difference between intrinsic and extrinsic aids
intrinsic part of the statue itself
| extrinsic not part of the statue found outside
29
examples of extrinsic aids
interpretation act 1978
reports of law commission
parliamentary reports
30
examples judicial presumptions
```
applies to whole UK
not breach of any UKs interantional agreements
not repeal acts of parliament
not repeal acts of pariment
not impose strict liability
not operate retrospectively
not change common law
```
31
Explain sweet v parsley 1969
claimant let out house police raided house and found cannabis charged with management of premises --> not guilty as no intention
example judicial presumption doesn’t impose strict liability
32
factors to consider for binding precedent
position of court in hierachy
| facts or points of law come within the scope
33
what does ratio decdendi mean
legal reasons vital to a judges decisions
34
what is obiter dicta mean
comments on law not strictly relevant
35
advantages and disadvantages of case law
adv: certainty, speed, flexibility
disadvantages: rigidity, undemocratic, haphazard developments of law
36
what is tort
a species of civil injury or wrong
provides remedies to claimants whove suffered harm loss or rights infringed
brought up br private individuals seeking compensation or injunction
37
factors of tort
```
brought by private individuals
not found guilty but liable
relationships of individuals
burden of proof- balance probabilities
penalty money as compensation
```
38
what is negligence
the law of accidents
defendant at fault because of harm caused by claimants
comes from common law judge made law using precedent
39
elements of negligence to prove
1. owed a duty of care to claimant from defendant
2. defendant breached duty of care
3. claimant suffered damage as a result of defendants breach
40
what is a duty of care
duty to act reasonably
owed to the people around us and who were connected to us
example employee and employer
41
Explain Donoghue v Stevenson 1932
Claimant poured out the remaining of her ginger beer out onto her ice cream and a snail fell out from this she suffering pain + shock so sued manufacturer for duty of care to ultimate customer - defendant was liable got 500£ in damages
42
factor of the neighbour principle
1. reasonable foreseeability
| 2. proximity
43
What are the stages for Caparo and Dickman test?
- three stage test for duty of care
1. reasonable foreseeable defendants negligence cause harm/loss to claimant
2. sufficient relationship proximity between claimant and defendant
3. Fair, just and reasonable
44
Explain Home Office v Dorset Yacht 1970
training excise where students stole yacht which collided with claimants yacht which they then boarded and damaged --> reasonably foreseeable as officers in charge of students were negligent
Example caparo and dickman 3 stage test reasonable foreseeability
45
Explain Evans v Triplex Safety glass 1936
claimant fitted screen in car which shattered when driving and injured the claimant --> lack of proximity time wise as this happened a year after purchase
Example Caparo v Dickman 3 stage test sufficient relationship proximity between claimant and defendant
46
what is standard of care
must act with degree of care + skill from reasonable men in defendants position
47
Factors to consider for standard of care
age
physical disabilities
acting in an emergency
special skills or competance
48
Factors not to consider about standard of care
mental characteristics
intoxication
inexperience
49
Explain Bolam v Friern Hospital management committee 1957
claimant mentally ill patient doctor give muscle relaxant for which there was a divided opinion to do so for claimants fractured pelvis --> not negligent merely a body pf contrary opinions
50
what is the Bolam test
doctor reaches standard of a responsible body of a medical opinion he’s not negligent
a reasonable man not perfect man
51
Explain Bolton v Stone 1951
Batsman hit cricket ball over a 17ft fence, which hit claimant in street this has only happened 6 times in 40 years so --> no breach as took correct precautions as risk is slight
52
what does reps ipsa loquitur mean
defendant must prove he didn’t breach the duty of care
53
explain ward v Tesco stores 1976
claimant slipped on yoghurt In isle which hadn’t been cleaned up --> defendant failed to give explanation so
Exmaple res iPsa loquitur
54
when is res ipsa loquiter used
```
exact cause can’t be determined
damages not occurred without negligence
defendant in control which causes damage
+conditions
can’t determine cause
damages caused by negligence
defendant in control of situation
```
55
what is causation in fact and causation in law
causation in law defendant caused claimants loss/damage
| causation in fact claimants loss/damage type reasonably foreseeable
56
what is the but for test
casual link/ chain of causation
| must prove defendants negligence caused injury/loss
57
Explain Barnett v Chelsea & Kensington HMC 1969
Clamiant went to hospital feeling ill they checked him and sent him home where he passed later found out it was due to injection of poison--> doctor not negligent as would’ve died either way
example but for test
58
what are the causation scenarios
concurrent
consecutive
multiple
intervening acts- nous actus interveniens
59
Explain Fitzgerald v lane 1988
3 party car crash D1+D2 hit claimant both were negligent however unknown who caused so--> both liable
example concurrent scenario cause
60
explain performance cards ltd v Abraham 1962
D1 hit claimants car and chipped the pain claimant then got into another accident whereby D2 hit same area in which --> D2 not liable as already needed repairing, D1 liable
example consecutive scenario cause
61
Explain Wilsher v Essex area health authority 1988
claimant born 3 months premature oxygen needed to be given she was given a dose too much and suffered visual impairment -->not liable no clear chain of causation to prove link
62
what is the wagon mound test and give case
```
reasonable foreseeability
1. kind/type of damage
2.manner of infliction of damage
3.extent of damage
defendant leaked oil into area where it sparked a flame from claimants welding, this caused damage to claimants property. --> not liable damages were too remote
```
63
what is the exception to the wagon mound test
Egg shell skul rule
64
what is the egg shell skull rule
claimant has particular weakness makes susceptible type of harm not reasonably foreseeable SO defendant liable
1. PHYSICAL CONDITIONS
2. MENTAL HEALTH CONDITIONS
3. FINANCIAL VULNERABILITY
65
explain smith v leech brain 1962
claimant worked in area where molten metal hit his lip, this triggered pre cancerous cells and caused his death --> liable normal person wouldn’t have suffered harm
example egg shell skull rule
66
what is the limitations act 1980
personal injury claims - 3 years from date of injury/knowledge
defective goods - 3 years from date claimant known about defect
other claims - 6 years from date of loss
for children - 18+ before prosecuted
67
what is contributory negligence
when damages payable are reduced as claimant failed to take reasonable care for own safety aggregating damages
68
Explain sayers v Harlow UDC 1958
claimant trapped in public toilet, failed to call for anyone for help, so attempted to get out by climbing upwards slipped and fell--> defendant liable but claiment contributed to accident reducing 25%
69
what is consent violent non fit injuria
no wrong done to he who consents but must
1. understand risk (knowledge alone isn’t consent)
2. freely and voluntarily agree to consequences of risk
70
What is Smith v Baker 1891
claimant worked in quarry where he saw cranes etc and risks however a stone fell on him and suffered from this --> cliamnet liable as knowledge if risk wasn’t consent
example consent violent non fit injuria
71
what does illegality/ ex turpi cause non orator actio mean
from a bad cause no rush of actions occur
72
Explain Joyce v O’Brien 2013
in the mids of stealing ladder a claiment was hit by his partner in crime causing himself to be hurt --> not liable as illegality/ ex turpi cause non orator acti
73
what is vicarious liability
legal liability for acts committed by another due to social relationship between them and wrong doer
establishing:
employee relationship
acting in course of employment
74
explain spartan steel v Martin 1973
defendant negligently drowse shovel through cable supplying power to cliaments factory causing 14hour power cut --> pure economic loss unrecoverable, physical damage was thoug
75
explain Caporo v Dickman 3 stage test
1. reasonable foreseeability
2. proximity
3. fairness
+ special relationship
76
explain yianni v Edwin Evans 1981
claimants brought property related on surveyors opinion to give price ideas after bought realised it needed 18K repairs -->liable as negligent misstatement
77
what is the difference between a primary and secondary victim
primary victim - under actual threat of bodily harm, reasonably believed themselves
secondary victim - person who suffer psychiatric injury not because directly involved but feared for someone else life
78
explain dulieu v white 1901
defendant drove hose through window of bar where claimant worked she was pregnant and suffered from fear of miscarriage safety for life and nervous shock --> ;liable as real and immediate fear
79
what is the rules of rescuers in regards to primary or secondary victims
only primary victims if they reasonably believe themselves to be in danger of physical injury
80
explain bourhill v young 1943
pregnant claimant heard serious motorbike accident and saw blood her child was still born - claimant failed not in physical danger + injuries not foreseeable
81
explain Alcock v chief constable of south Yorkshire 1991
claim against 96 killed and hundreds injured in disaster, --> 2 people failed for lack of close ties + claim failed for those who watched not tv
82
what is Alcock criteria
1. close ties of love + affection between claimant + primary victims
2. sufficently proximate to accident in time and space
3. suffer medically recognised psychiatric illness from sudden + immediate attack
