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MO5 Insurance Law - 2022 - Chapter 1 and 2 > Law and legal systems > Flashcards

Law and legal systems Flashcards

(49 cards)

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1
Q

What law are we looking at ?

A

English Law

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2
Q

What are the two types of Law?

A

Public Law and Private law (civil law)

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3
Q

What are the tree areas of public law?

A

Constitutional law
Administrative law
Criminal law

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4
Q

What does constitutional law cover?

A

Main institutions of the goverment and their relationships with each other

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5
Q

What does administrative law cover?

A

Citizens and goverment

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6
Q

What is criminal law?

A

Management of behavior

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7
Q

What does private law cover?

A

Relationships between legal persons ie buisnesses and individuals

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8
Q

What are the two sides of a civil case, what is the burden of proof and who does it lie with?

A

Claimant and defendant
Burden of proof lies with the claimant
Balance of probabilities

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9
Q

What are the two sides of a criminal case, what is the burden of proof and who does it lie with?

A

Prosecution and defense
Prosecution
Beyond all reasonable doubt

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10
Q

What are the other characteristic of english law?

A

900 years old
little codification
no constitution
judge made law
independent judiciary - free from political interference

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11
Q

What is the rule of law?

A

The principles of law - similar to constitution

Reasonably certain and predictable
treat people equally
fair hearing by an impartial tribunal
right of access to courts

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12
Q

What are the two main sources of law?

A

Legislation, Acts of Parliament or Statues

Case law or judicial precedent

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13
Q

What dos parliament consist of?

A

House of commons
House of lords
Monarch

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14
Q

What are the steps of Parliament creating a new law?

A
  1. Green Paper being published
  2. White paper - firmed up
  3. Bill - draft
  4. Bill introduced in Parliament - House of commons
  5. 1st and second reading
  6. Committee stage
  7. Report Stage
  8. Third Reading
  9. Repeat in house of Lords
  10. Receives Royal Assent
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15
Q

How can the law be tidied up?

A

Codifying act or consolidating act

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16
Q

What does the law commision do?

A

Modernizes law and consolidates and revises statute law

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17
Q

What are enabling act and there purpose?

A

Getting law through parliament is lengthy so there are parent acts that can delegate.

Called delegated or subordinate legislation and have the same legal force as primary legislation.

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18
Q

What are the three most important forms of delegated/subordinate legislation?

A

Statutory instruments - power given to ministers
Orders in council - power conferred on privy council
Bye-Laws - power given too local council

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19
Q

What is the main interpretation aid used by judges?

A

Interpretation Act 1978

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20
Q

What are the common law interpretation rules?

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A

Literal rule - what do the words literally mean? Primary rule
Golden Rule - used if normal ready is absurd
Mischief Rule - to suppress mischief

21
Q

Can statues work retrospectivly?

22
Q

If a statute does not comply with the human rights act 1998 what happens?

Study These Flashcards
A

Courts issue a declaration of incompatibility

23
Q

What is the primary court in civil law, who is it heard by ?

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A

County court - minor civil cases
circuit judge sitting alone

24
Q

What is the court above county court in civil law, what are the divisions, who is it heard by ?

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A

High court - major civil cases
Chancery division
Family division
Queens bench division (commercial court, admiralty court, technology court)
High court judge sits alone
divisional courts can have more than one

25
What is the court above high court in civil law, , who is it heard by ?
Court of appeal Civil division three judges sit or 5 judges or 7 judges
26
What is the highest court in civil law and criminal law and how many judges are there??
Supreme court (house of lords pre 2009) 12 judges
27
What court deals with minor criminal matters?
Magistrates court
28
What is above the magistrates court in criminal law and who is it before?
Crown Court Single judge + 12 jury
29
What is after the crown court and who is it before?
Court of Appeal 3 judges
30
What is binding precendent?
Judge is bound by a previous decision if it was made by a higher court or of equal standing. Judges may be able to reverse or overrule, disapprove or distinguish a case depending on the level of the court.
31
What is the Woolf reforms?
Courts were lengthy Lord Woolf was asked to recommend a set of reforms included Tracks for cases Promoted other dispute resolution Giving judges more responsibility Utilizing technology Simplifying the process Shorter timescales
32
We have civil procedure rules which include pre-action protocols - what are they and why do we have them?
Allow parties to share as much info as possible early to streamline the process and speed it up.
33
When is pre-action protocalls issued through the MOJ portal?
For RTA, Employers and Public Liability claims between £1k-£25k
34
What are the limits for the small claims track, fast claims track and multi track and what are they?
Decides which court should hear a claim. up to £10k (exception PA claims + housing disrepair which is £1k) up to £25k £25k+
35
What is a part 36 offer?
Compromise between parties in an attempt to avoid going to court all together.
36
What is DBAs, CFAs, Cost managment and QOCS in terms of funding litigation?
Damaged based agreements Conditional Fee Arrangements Cost Management Qualifies one-way cost shifting for PA
37
Who appoints solicitors and what courts do they operate and who are the represented by ?
Appointed by general public + companies who need legal advice/representation Lower courts Represented by the law society
38
Who appoints barrister and what courts do they operate and who are the represented by ?
Appointed by solicitor Governed by general council of the bar or Bar council (commonly known as)
39
What is a natural persons and juristic persons?
Natural = human beings Juristic = businesses and corporations
40
What is a natural persons status and capacity
Status = relationship status, citizenship status, minor/over 18 Capacity = what you are legally entitled to do
41
When does full criminal responsibility attach itself to a minor (AGE)?
Over 10
42
What are the two types of juristic persons/artificial legal persons?
Corporation sole - someone representing an official position Corporation aggregate - 3 sub categories Chartered corporations eg CII Statutory corporations eg uni Corporations regsitered under the Companies Act -eg Ltd
43
What are the two types of juristic persons/artificial legal persons?
Corporation sole - someone representing an official position Corporation aggregate - 3 sub categories Chartered corporations eg CII Statutory corporations eg uni Corporations registered under the Companies Act -eg Ltd
44
What are unincorporated assosiations?
Small social clubs Voluntary organizations Small businesses setup as partnerships trade unions Sue and be sued in there own right.
45
What is a part 36 offer attempting to do?
Force a party into a compromise ahead of a court hearing.
46
What must a part 36 offer be?
Reasonable in relation to the facts of the case
47
What happens if the Part 36 offer is accepted?
Case wont go to court
48
What happens if a part 36 offer is rejected?
Party rejecting the offer may be liable to pay the other parties costs from the last possible date that they could have accepted the offer if the settlement doesn't beat that offer, this is the case even if they win at court.
49
Are you admitting liability if you make a Part 36 offer?
No

MO5 Insurance Law - 2022 - Chapter 1 and 2 (10 decks)

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