L1 Flashcards
What is the difference between public and private law
Wether the acts affect society as a whole or a grievance between two people
What is substantive law
Laws that defines the rights and duties of people as principles
What is procedural law
The rules that enforce the principles of substantive law
What is national, regional and international law
National law applies in one nation while regional law applies in larger regions such as the EU, international laws are recommendations from international organizations that can be woven into contracts
What is civil law
It details how to resolve conflicts and how victims should be compensated
What is criminal law
Laws that the government enforces without people needing to bring it to court that deals with crime such as tax fraud murder and the like. It punishes crime
In what parts of great Britton is English law applicable
England and Wales
Why do we study english law
Because laws all over the commonwealth are built on it
What are the pillars of common law
Judge made law, adversarial procedure and oral arguments
What is equity in law
Fairness and the application of good conscience yo the settlement of disputes
How is certainty, uniformity and consistency guaranteed in English law
Through judicial precedents where case law is made based in the outcome of previous trials
How does english law ensure flexibility
Through vague enough statements and the ability for judges to overrule, reverse and disapprove of previous case law if they have the authority
How did English law loose sovereignty when the uk joined the eu
Becouse eu law takes precedent over national law when in conflict
Has leaving the eu majorly affected english substantive commercial law
No
What are torts
Civil wrongs causing loss or harm that results in liability
Name some common torts
Trespassing, nuisance, negligence and criminal offenses such as assault and battery
What are the requirements for someone to be judge guilty of the tort of negligence
Defendant must owe plaintiff a duty if care and be in breach if that duty. The plaintiff must have suffered loss or damage and the breach of that duty must be the approximate cause of that harm
What does it mean that a standard of care applicable for someone to be accused if negligence must be an objective standard
That the standard if care that the accused should have upheld should be the one expected if any reasonable person in that circumstance
What happens if the court finds that the cause if harm was not reasonably foreseeable
Then the accused need not pay
What does it mean that liability is fault based in a tort
That the burden if proof that there is harm caused by the defendant lies with the plaintiff
What does res ipsa loquitur imply in a tort
That the harmful situation speaks for itself and there is a reversal of onus aka guilty until proven innocent without shifting the burden of proof
When is liability strict
When the burden of proof lies on the defendant
Is negligent statements or misrepresentation a tort
Yes
What does the doctrine of volentia non fit injuria imply
An uno reverse card type defense where the defendant accuses the plaintiff of negligence, common in collision cases. Means to a sane person injury is not done. Leads to proportional liability according to the degree of fault of each party
