Legal Flashcards
(13 cards)
Sub-divsions of law
Criminal Law
- Enforced by the state to punish individuals (and/or organisations)
- Individual is prosecuted by and agency of the state e.g., police, HSE, local authorities
- Individual(s) guilty or not guilty
- Courts can impose fine or imprisonment
- Proof ‘beyond reasonable doubt’
- Cannot insure against punishment
Sub-divisions of law
Civil Law
- Disputes between individuals (and/or organisations) to address a civil wrong (tort)
- Individual(s) and/or organisations are sued
- Individual(s)are liable or not liable
- Courts can award compensation and costs
- Proof based on ‘balance of probabilities’
- Employers must insure against civil actions (ELI)
Sources of law
Common Law
- Based on judgements made by judges in courts
- Generally, courts bound by earlier judgements (precedents)
- Lower courts follow judgements of higher courts
- In health and safety definitions of negligence, duties of care and terms such as ‘practicable’ and ‘reasonably practicable’ are based on common law
Sources of law
Statute Law
- Law laid down by acts of parliament
- Health and safety at work act 1974
- Specific duties mainly in regulations or statutory instruments
- Takes precedent over common law
Aspects of crimial law
What are the main prosecuting authorities in the uk?
The crown prosecution service (CPS) in England and Wales
The Procurator Fiscal in Scotland
The Public Prosecution Service in Northern Ireland
Aspects of crimial law
What are the two types of criminal offence?
- Summary – minor offences, tries without a jury only in a magistrate’s court
- Indictable – most serious offences are called indictable offences and are tried only by the Crown court
Aspects of civil law
The duty of care falls into five catogories and the employer must provide:
- A safe place of work, including access and egress
- Safe plant and equipment
- A safe system of work
- Safe and competent fellow employees
- Adequate levels of supervisor, information, instruction and training
Defences against negligence claims
- a duty of care was not owed
- there was no breach of the duty of care
- any breach of a duty of care did not result in the specific injury, disease, damage and or loss suffered
Partial defences against negligence claims
Contributory negligence – employee contributed to the negligent act
Volenti non fit injuria – the risk was willingly accepted by the employee
Acts of God, riot, terrorist event etc…
A disagreement on the facts of the case
Absolute Duty
- Must be achieved whatever cost of inconvenience
- SHALL, WILL, MUST
- E.g. Risk assessment, reg 3 - MHSWR 1999
Practicable
- Possible in the light of current knowledge and technology
- Cost time and trouble not taken into account
- E.g. Guarding reg 11 - PUWER 1998
Reasonably Practicable
- Risk v cost
- Likelihood + severity v time, trouble and money
