2 Flashcards

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1
Q

What does this tell us about the classification of criminal law and public law?

A

It tells us that all criminal law is public law but not all public law is criminal law.

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2
Q

what is the main aim of the criminal law?

A

The main aim of the criminal law is to regulate behaviour.

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3
Q

What is the main aim of the civil law?

A

The main aim of the civil law is to give individuals rights which they can enforce in the courts. E.g. a landlord can claim unpaid rent through the court system. This means a landlord will be compensated for loss he has suffered from the act of another.

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4
Q

What happens in the adversarial system of trial?

A) Each party presents their case in front of a judge who decides the outcome.

B) The judge plays an active role in discovering the truth.

C) It is the system used in criminal trials (only) that involve a jury.

D) There is no such system – it is a trick question.

A

A) Each party presents their case in front of a judge who decides the outcome.

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5
Q

Which of the following are the two main roles carried out by judges?

i) Interpreting statutes
ii) Creating statutes
iii) Developing the common law
iv) Re-writing statutes

A

i and iii

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6
Q

What burden of proof is required to establish liability in criminal law?

A) The balance of probabilities.

B) Whether the defence establishes a reasonable defence to the allegations put against him/her.

C) Beyond a reasonable person’s doubt.

D) Beyond all reasonable doubt.

A

D) Beyond all reasonable doubt.

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7
Q

What is the remedy in a civil claim?

A) Imprisonment is the only remedy

B) Damages is the only remedy

C) Injunctions are the only remedy

D) Damages or an injunction are the most likely

A

D) Damages or an injunction are the most likely

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8
Q

Which of the following statements is correct?

A) The law of equity was created to correct wrongs in the law.

B) The law of equity was designed to remedy injustices in the law.

C) The law of equity protects the vulnerable.

D) All of the above are correct.

A

D) All of the above are correct.

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9
Q

Judge-made law is referred to as:

A) Common law

B) Legislation

C) Conventions

D) Delegated Legislation

A

A) Common law

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10
Q

Which of the following is not covered by private law?

A) Family law

B) Contract law

C) Criminal law

D) Company law

A

C) Criminal law

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