Week 1 - Intro to Commercial Law

Question 1

State and Explain the 2 Types of Law

Answer 1

PUBLIC LAW
- Gov
- Relationship between Individual and State
e.g. Criminal Law, Constitutional Law, Administrative Law
PRIVATE LAW
- Non Gov
- Rights and Duties between 2 Individuals
- includes Civil Law, Contract Law, Tort Law, Property

Question 2

What is Criminal Law?

Answer 2

• Required as Crime against State
• Cases involve Defendant & Prosecutor
• Prosecutor must Prove the Facts of a Case Beyond a Reasonable Doubt
• Results in a Verdict of Guilty or Not Guilty

Question 3

What is Civil Law

Answer 3

• Aggrieved Person (Claimant) commences Court Action
• Other Party (Defendant)
• Claimant must Prove their Case on Balance of Probabilities
• Compensation or Remedy Provided to Claimant If they Win

Question 4

What are the 2 Types of Legislation

Answer 4

• PRIMARY LEGILSATION - Acts of Parliament
• SECONARY LEGILSATION (Delegate Legislation) - Law made by Person or Bodies to whom Parliament has Given Law Making Powers

Question 5

Explain the Concept of Parliamentary Sovereignty

Answer 5

• the Constitution of a Country is its Fundamental Principles
• UK has an Uncodified (Unwritten) constitution
• Means Parliament is Sovereign

Question 6

Explain the Primary Legislation - Acts of Parliament

Answer 6

• Create New Laws or Changes/Repeals Old Laws
• An Act needs to Progress through Parliament before coming into Law
• During this Period, Act is Known as a Bill

Question 7

Explain the Acts of Parliament - Stages in Being Passed

Answer 7

• FIRST READING - Bill Read out in HoC
• SECOND READING - Principles of Bill Debated in House, MPs Take Vote on Whether Bill Should Pass onto Next Stage
• COMMITTEE STAGE - Bill Examined, Discussed in More Detail by an HoC Committee, Amendments to Bill May be Proposed and Drafted
• REPORT STAGE - Committee Reports Back to the House, any Amendments Debated and Voted Upon
• THIRD READING - Bill Represented to the House, Final Vote Taken on Whether to Pass Bill
• TRANSFER to HoL - Bill undergoes Similar Process , If HoL amends bill it Goes Back to HoC for further Approval.

Question 8

Explain Delegated (Secondary) Legislation

Answer 8

• Parliament Doesn’t have Time to Pass Detailed Laws
• it Delegates Powers (via acts) to Create Detailed Law to Government Departments, Local Authorities etc, include by-laws and Orders in Council
• Delegated Body can Only Pass Laws Within Power Given to them via the relevant Act

Question 9

State 4 Advantages of DELEGATED LEGISLATION

Answer 9

• Saves Parliament Time
• More Efficient than Going Through Parliament Process
• Easier to Amend/Repeal
• Experts can be Used where Very Technical Detail Required

Question 10

State 4 Disadvantages of DELEGATED LEGILSATION

Answer 10

• Parliament No Longer in Direct Control of All Legislation
• Insufficient Time Given to Consider Issues
• Excessive Legislation may be Passed
• Might not be Adequately Publicised without Parliamentary Involvement