Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Nebosh Diploma Part A (2018) > A2 Principles of law > Flashcards

A2 Principles of law Flashcards

You may prefer our related Brainscape-certified flashcards:
WSET® Level 4 Wine flashcards
1
Q

Sources of law

A

Primary sources

Common law:
Judicial precedent - based on custom and practice

Statute law:
EU directives and regulations
U.K. acts of parliament and regulations
Principles and goal setting legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Reasonably Practicable

A

Is an evaluation of the quantum of risk.

Cost vs risk

Case law - Edwards vs NCB (mine road gave way)

first mentioned in section 2.1 HSWA
“It shall be the duty of every employer to ensure so far as reasonably Practicable the health safety and welfare at work of all his employees”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

EU directives and regulations

A

Directives:
Need to be adopted by member states

Regulations:
Directly applicable law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Absolute duty

A

Imposes a strict duty:
Shall
Will
Must

Case law - stark v post office (bike brake failure)
summers v frost (grinding wheel)

Mentioned in law in the MHSWR 3 (1)
“Every employer shall make a suitable and sufficient assessment of—“

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Practicable

A

Within current technical knowledge and invention (cost doesn’t come into it)

Case law - Adset v KL steel (LEV)
Marshall v Gotham (mine collapsed- comparison between Practicable and reasonably Practicable)

PUWER 11 - machinery guarding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Green and white paper

A

Green paper = consultative document (consultation with trade unions and industry bodies) it contains policy proposals for debate and discussion, setting out a basic premise.

White paper = following the consultation the government will publish firmer recommendations setting out broad lines of legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Statute law

A

Primary legislation:
Acts of parliament

Secondary or delegated regulation:
Regulations
Orders
Rules and bye-laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Ratio decidendi

A

The rationale or decision made by the judge containing the binding precedent

This maybe the judges interpretation of a phrase “reasonably practicable”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Difference between civil and criminal law

A

Civil law:
Based on legal precedent, law of the land and is intended to right a civil wrong (compensate)
Based on balance of probabilities
County court or high court

Criminal law:
Infringement of statute law as passed down by parliament, enforced by HSE, based on beyond reasonable doubt. Intended to punish
Magistrates or crown court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

General structure of the courts

A

Civil:
County> High Court (queens bench) > court of Appeal

Criminal:
Magistrates> Crown court> High court (queens bench)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Triable either way

A

A criminal offence that can be heard in either the magistrates or Crown court. If the magistrates decides their sentencing powers are sufficient to deal with the offence, the accused may decide whether to have it dealt with summarily in the magistrates or by incitement in the crown court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Summarily v indictment

A

Summarily = judges decision

Indictment = trial by jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Essentials of a contract

A

A contract is a meeting of minds, where something of value has been promised in exchange for a promise.
It must be intended as legally binding and have consequences that the law can recognise and enforce and as such can not be for something illegal.
It can be written, verbal expressed or implied (ie duty of care).
Can not be made by persons under 18, of sound mind ie no mentally vulnerable (drunk, drugged or under duress).
Limited to 6 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Remedies for unfair dismissal

A

Reinstatement- returning to original role as if no dismissal took place.

Reengagement - return to company but under a different role or department

Compensation- a sum awarded by way of reparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Progression of a bill through parliament

A

FIRST READING - basic formal declaration of the bill (no debate)
SECOND READING - discussion of the bill (if it fails here it doesn’t move forward)
COMMITTEE STAGE - subject to close scrutiny (amendments made at this stage)
REPORT STAGE - review and either progress or move back to committee stage
THIRD READING - voted against - if passed receives royal assent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

HSWA section 15

A

This regulation allows the Secretary of State to make, retract or amend regulations (in this case the secretary for work and pensions).

Proposals for regulations are submitted to the appropriate minister by the HSE after consultation with government departments, LAs and other interested bodies. Proposals are often circulated in the form of a consultative document to bodies such as TUC, industry representatives trade unions etc.

In its final form it’s proposed to both Houses of Parliament for 40days, if there are no objections it will become law.

17
Q

Difference between acts of parliament and regulations

A

Regulations are one form of delegated legislation made possible by HSWA15 which gives power to the Secretary of State to make regulations for health and safety purposes

Acts of parliament have been voted through parliament as a bill that had to be passed via both houses

18
Q

Define tort

A

A tort is a civil wrong, ie trespass, defamation

19
Q

Health and safety offences dealt with by an industrial tribunal

A
  • Time off for training safety representatives
  • Failure to pay a safety representative for time off carrying out his/her functions and training
  • Failure of an employer to make a medical suspension payment
  • Dismissal, actual or constructive, following a breach of health and safety law and/ or terms of an employment contact
  • Appeals against an improvement or prohibition notice.
20
Q

Protection for whistle blowers

A

Public interest disclosure act protects those who whistle blow on

  • A criminal offence that has been, is being or about to be committed.
  • That a person has failed, or is likely to fail to comply with legal obligation to which he is subject
  • miscarriage of justice has, is or likely to occur
  • Health Safety of any individual has, is or likely to be endangered
  • The environment is, has or likely to be damaged
  • that information tending to show any matter within one of the preceding paragraphs has, is or likely to be deliberately concealed.
21
Q

Prescriptive and goal setting legislation

A

Prescriptive- detailed legislation with clear instructions as to what the duty holder should do in detailed terms eg PUWER s33(2)

Goal setting- specifies broad objectives to achieve but leaves the duty holder to decide the best way to achieve the goal eg HSWA s2(1)

22
Q

Common law

A

Originates from judicial precedent and is based on custom and practice.

Advantage = are its based on Practical experience

Disadvantage = the law is uncertain until a case comes before a judge.

23
Q

Definition of negligence

A

Any act or omission which falls short of a standard to be expected of “the reasonable man.”to take proper care over something.

24
Q

Cost benefit analysis CBA with regards to regulations

A

When a proposal is put forward it is important that thought be given to the impact of the changes. It’s no good introducing legislation that’s too expensive or impractical to implement.

Analysis should include the following

  • Description of industry
  • Evaluation of the risks addressed
  • Assessment of the benefits attributable to the final standards
  • Availability of technology
  • Estimated cost of compliance
  • Economic feasibility of compliance to standard
  • impact on small businesses associated with compliance
25
Q

Cost benefit analysis CBA with regards to regulations

A

When a proposal is put forward it is important that thought be given to the impact of the changes. It’s no good introducing legislation that’s too expensive or impractical to implement.

Analysis should include the following

  • Description of industry
  • Evaluation of the risks addressed
  • Assessment of the benefits attributable to the final standards
  • Availability of technology
  • Estimated cost of compliance
  • Economic feasibility of compliance to standard
  • impact on small businesses associated with compliance
26
Q

Employment tribunals can deal with

A
  • Sex discrimination
  • Race relations
  • Trade unions
  • Unfair dismissal/ employment protection
  • Equal pay
  • Industrial relations
  • Appeals for enforcement notices

Nebosh Diploma Part A (2018) (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions